REGISTER INFORMATION PAGE
Vol. 27 Iss. 18 - May 09, 2011

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The Virginia Register OF REGULATIONS is an official state publication issued every other week throughout the year. Indexes are published quarterly, and are cumulative for the year. The Virginia Register has several functions. The new and amended sections of regulations, both as proposed and as finally adopted, are required by law to be published in the Virginia Register. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, and notices of public hearings on regulations.

ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS

An agency wishing to adopt, amend, or repeal regulations must first publish in the Virginia Register a notice of intended regulatory action; a basis, purpose, substance and issues statement; an economic impact analysis prepared by the Department of Planning and Budget; the agency’s response to the economic impact analysis; a summary; a notice giving the public an opportunity to comment on the proposal; and the text of the proposed regulation.

Following publication of the proposal in the Virginia Register, the promulgating agency receives public comments for a minimum of 60 days. The Governor reviews the proposed regulation to determine if it is necessary to protect the public health, safety and welfare, and if it is clearly written and easily understandable. If the Governor chooses to comment on the proposed regulation, his comments must be transmitted to the agency and the Registrar no later than 15 days following the completion of the 60-day public comment period. The Governor’s comments, if any, will be published in the Virginia Register. Not less than 15 days following the completion of the 60-day public comment period, the agency may adopt the proposed regulation.

The Joint Commission on Administrative Rules (JCAR) or the appropriate standing committee of each house of the General Assembly may meet during the promulgation or final adoption process and file an objection with the Registrar and the promulgating agency. The objection will be published in the Virginia Register. Within 21 days after receipt by the agency of a legislative objection, the agency shall file a response with the Registrar, the objecting legislative body, and the Governor.

When final action is taken, the agency again publishes the text of the regulation as adopted, highlighting all changes made to the proposed regulation and explaining any substantial changes made since publication of the proposal. A 30-day final adoption period begins upon final publication in the Virginia Register.

The Governor may review the final regulation during this time and, if he objects, forward his objection to the Registrar and the agency. In addition to or in lieu of filing a formal objection, the Governor may suspend the effective date of a portion or all of a regulation until the end of the next regular General Assembly session by issuing a directive signed by a majority of the members of the appropriate legislative body and the Governor. The Governor’s objection or suspension of the regulation, or both, will be published in the Virginia Register. If the Governor finds that changes made to the proposed regulation have substantial impact, he may require the agency to provide an additional 30-day public comment period on the changes. Notice of the additional public comment period required by the Governor will be published in the Virginia Register.

The agency shall suspend the regulatory process for 30 days when it receives requests from 25 or more individuals to solicit additional public comment, unless the agency determines that the changes have minor or inconsequential impact.

A regulation becomes effective at the conclusion of the 30-day final adoption period, or at any other later date specified by the promulgating agency, unless (i) a legislative objection has been filed, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 21-day objection period; (ii) the Governor exercises his authority to require the agency to provide for additional public comment, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the period for which the Governor has provided for additional public comment; (iii) the Governor and the General Assembly exercise their authority to suspend the effective date of a regulation until the end of the next regular legislative session; or (iv) the agency suspends the regulatory process, in which event the regulation, unless withdrawn, becomes effective on the date specified, which shall be after the expiration of the 30-day public comment period and no earlier than 15 days from publication of the readopted action.

A regulatory action may be withdrawn by the promulgating agency at any time before the regulation becomes final.

FAST-TRACK RULEMAKING PROCESS

Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions of the Administrative Process Act for agency regulations deemed by the Governor to be noncontroversial. To use this process, Governor's concurrence is required and advance notice must be provided to certain legislative committees. Fast-track regulations will become effective on the date noted in the regulatory action if no objections to using the process are filed in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon consultation with the Attorney General, and at the discretion of the Governor, may adopt emergency regulations that are necessitated by an emergency situation. An agency may also adopt an emergency regulation when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations, unless a later date is specified. Emergency regulations are limited to no more than 12 months in duration; however, may be extended for six months under certain circumstances as provided for in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Register.

During the time the emergency status is in effect, the agency may proceed with the adoption of permanent regulations through the usual procedures. To begin promulgating the replacement regulation, the agency must (i) file the Notice of Intended Regulatory Action with the Registrar within 60 days of the effective date of the emergency regulation and (ii) file the proposed regulation with the Registrar within 180 days of the effective date of the emergency regulation. If the agency chooses not to adopt the regulations, the emergency status ends when the prescribed time limit expires.

STATEMENT

The foregoing constitutes a generalized statement of the procedures to be followed. For specific statutory language, it is suggested that Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined carefully.

CITATION TO THE VIRGINIA REGISTER

The Virginia Register is cited by volume, issue, page number, and date. 26:20 VA.R. 2510-2515 June 7, 2010, refers to Volume 26, Issue 20, pages 2510 through 2515 of the Virginia Register issued on
June 7, 2010.

The Virginia Register of Regulations is published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Members of the Virginia Code Commission: John S. Edwards, Chairman; Bill Janis, Vice Chairman; James M. LeMunyon; Ryan T. McDougle; Robert L. Calhoun; Frank S. Ferguson; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Wesley G. Russell, Jr.; Charles S. Sharp; Patricia L. West.

Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations; June T. Chandler, Assistant Registrar.

PUBLICATION SCHEDULE AND DEADLINES
Vol. 27 Iss. 18 - May 09, 2011

May 2011 through June 2012

Volume: Issue	Material Submitted By Noon*	Will Be Published On
27:18	April 20, 2011	May 9, 2011
27:19	May 4, 2011	May 23, 2011
27:20	May 18, 2011	June 6, 2011
27:21	June 1, 2011	June 20, 2011
27:22	June 15, 2011	July 4, 2011
27:23	June 29, 2011	July 18, 2011
27:24	July 13, 2011	August 1, 2011
27:25	July 27, 2011	August 15, 2011
27:26	August 10, 2011	August 29, 2011
28:1	August 24, 2011	September 12, 2011
28:2	September 7, 2011	September 26, 2011
28:3	September 21, 2011	October 10, 2011
28:4	October 5, 2011	October 24, 2011
28:5	October 19, 2011	November 7, 2011
28:6	November 2, 2011	November 21, 2011
28:7	November 15, 2011 (Tuesday)	December 5, 2011
28:8	November 30, 2011	December 19, 2011
28:9	December 13, 2011 (Tuesday)	January 2, 2012
28:10	December 27, 2011 (Tuesday)	January 16, 2012
28:11	January 11, 2012	January 30, 2012
28:12	January 25, 2012	February 13, 2012
28:13	February 8, 2012	February 27, 2012
28:14	February 22, 2012	March 12, 2012
28:15	March 7, 2012	March 26, 2012
28:16	March 21, 2012	April 9, 2012
28:17	April 4, 2012	April 23, 2012
28:18	April 18, 2012	May 7, 2012
28:19	May 2, 2012	May 21, 2012
28:20	May 16, 2012	June 4, 2012

*Filing deadlines are Wednesdays unless otherwise specified.

PETITIONS FOR RULEMAKING
Vol. 27 Iss. 18 - May 09, 2011

TITLE 2. AGRICULTURE

PESTICIDE CONTROL BOARD

Initial Agency Notice

Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Name of Petitioner: Robert Taylor.

Nature of Petitioner's Request: The petitioner is requesting that the Pesticide Control Board exempt cotton boll weevil trappers working under the auspices of the Virginia Department of Agriculture and Consumer Services from having to hold or obtain pesticide applicator or registered technician certification.

Agency's Plan for Disposition of Request: The Pesticide Control Board will consider this request at its next quarterly meeting following the public comment period.

Public Comment Deadline: May 30, 2011.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 371-6559, or email liza.fleeson@vdacs.virginia.gov.

VA.R. Doc. No. R11-30; Filed April 14, 2011, 8:45 a.m.

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TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Agency Decision

Titles of Regulations: 9VAC5-40. Existing Stationary Sources.

9VAC5-50. New and Modified Stationary Sources.

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Name of Petitioner: Southern Appalachia Mountain Stewards and the Sierra Club.

Nature of Petitioner's Request: The Southern Appalachia Mountain Stewards and the Sierra Club petitioned the State Air Pollution Control Board to amend the fugitive dust emissions standards for existing and new and modified stationary sources. The petitioners requested that additional language be added to the fugitive dust standards to clarify what is meant by "reasonable precautions" and that the fugitive dust standard provide additional examples of reasonable precautions specific to the type of activities that contributed to the documented dust problem in Roda. Further, the petitioners stated that the proposed amendments would strengthen and clarify the fugitive dust standard without imposing significant burdens on regulators or on the facilities subject to the regulations.

The specific requested amendments are identical for both Chapter 40 and Chapter 50. The text follows, and the requested amendments are the addition of the second sentence in the first paragraph and the addition of numbered items 6, 7, and 8:

No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of dust emitting operations to human habitations and/or activities, and to atmospheric conditions which might affect the movement of particulate matter. Such reasonable precautions may include, but are not limited to, the following:

1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;

2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and the maintaining of them in a clean condition;

3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;

4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered, or treated in an equally effective manner at all times when in motion;

5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion;

6. The use of water to wash the wheels, undercarriage, and other parts of every vehicle that hauls coal or other materials before or immediately after the vehicle leaves a dusty, dirty, or muddy surface, including but not limited to haul roads at a mining or processing facility;

7. Cleaning the empty bed and/or any other part of a vehicle that had recent contact with material capable of emitting dust; and

8. Installation and use of rumble strips, speed bumps, or other devices designed to reduce vehicle speed and to dislodge mud and other materials from tires and vehicle bodies before vehicles enter public roads.

Agency Decision: Request denied.

Statement of Reason for Decision: Based on the board book material, staff presentation, public comments and board discussions, the board, on a motion by Mr. Rives, unanimously voted to deny the petition for rulemaking and requested that the director, or his designee, issue a guidance document regarding fugitive dust generated by coal mining, processing, handling or transportation activities that incorporates the following concepts:

1. Notes the lead role of the Department of Mines, Mineral and Energy and the existence of the Department of Mines, Mineral and Energy/Department of Environmental Quality Memorandum of Agreement.

2. That if, in the opinion of the Department of Environmental Quality, reasonable precautions were not being taken and the resulting conditions cause or contribute to the endangerment of human health and the Department of Mines, Minerals and Energy does not take enforcement action, the Department of Environmental Quality would consider doing so pursuant to the existing regulations.

3. That, when determining appropriate reasonable precautions, the Department of Environmental Quality will consider the potential impact on human health, i.e., proximity of the fugitive dust release to human habitation and activities.

4. That reasonable precautions to minimize the amount of coal dust and other dust becoming airborne may include washing down loaded trucks before they leave the mine and rinsing out the beds of emptied trucks and installation of rumble strips or similar devices to remove material from wheels and undercarriages before leaving a permitted site.

5. That street sweeping or other measures to remove accumulated fugitive dust from public roadways may also be a reasonable precaution when necessary to prevent the dust from becoming airborne or re-entrained into the atmosphere.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

VA.R. Doc. No. R10-27; Filed April 20, 2011, 8:50 a.m.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF SOCIAL WORK

Initial Agency Notice

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

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

Name of Petitioner: MSW II Students of Norfolk State University.

Nature of Petitioner's Request: To include a grandfather clause for educational requirements for a licensed clinical social worker. Students matriculating on or before May 7, 2011, have met the educational requirements detailed in the January 7, 2010, regulations, which were in place at the beginning of the Advanced Year of clinical study. All students who began or finished their advanced year of clinical course work at an accredited school of social work prior to March 2, 2011, should be eligible to apply for licensure supervision.

Agency's Plan for Disposition of Request: The board will discuss whether the request could be accomplished by a change in regulation at its meeting on June 24, 2011, at 9960 Mayland Drive, 2nd Floor Conference Center, Richmond, VA.

Public Comment Deadline: May 30, 2011.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R11-31; Filed April 7, 2011, 10:12 a.m.

NOTICES OF INTENDED REGULATORY ACTION
Vol. 27 Iss. 18 - May 09, 2011

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

Virginia Board of Pharmacy 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 of Pharmacy intends to consider amending the following regulation: 18VAC110-20, Virginia Board of Pharmacy Regulations. The purpose of the proposed action is to address when the data entry of on-hold prescriptions must be performed. Some pharmacies store these prescriptions in a single file until needed. Others perform data entry of the prescription and file by the date of entry into the computer, which is noncompliant with the current regulation, but find it burdensome to retrieve and move the prescription to the file associated with the date of initial dispensing. Additionally, when the data entry is performed on a separate date than the date of initial dispensing, a pharmacist may not be verifying the accuracy of the data entered at the time of entry. The board will consider amendments to clarify the requirements.

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

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Public Comment Deadline: June 8, 2011.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R11-2768; Filed April 7, 2011, 10:57 a.m.

REGULATIONS
Vol. 27 Iss. 18 - May 09, 2011

TITLE 5. CORPORATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 5VAC5-30. Uniform Commercial Code Filing Rules (amending 5VAC5-30-20 through 5VAC5-30-70).

Statutory Authority: §§ 8.9A-526 and 12.1-13 of the Code of Virginia.

Public Hearing Information: A public hearing will be scheduled upon request.

Public Comment Deadline: May 23, 2011.

Agency Contact: Joel Peck, Clerk of the Commission, State Corporation Commission, 1300 East Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9733, FAX (804) 371-9012, or email joel.peck@scc.virginia.gov.

Summary:

The proposed regulations amend the filing rules for Uniform Commercial Code financing statements in a number of ways. The amendments (i) facilitate the use of electronic commerce for increased customer service, (ii) authorize the Clerk of the Commission to act in accordance with law with regard to personal identifiable information, (iii) clarify certain provisions and make appropriate technical amendments, and (iv) delete obsolete definitions.

AT RICHMOND, APRIL 14, 2011

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2011-00003

Ex Parte: In re: Uniform Commercial
Code Filing rules

ORDER TO TAKE NOTICE

Section 8.9A-526 of the Code of Virginia requires the State Corporation Commission ("Commission") to promulgate rules necessary to implement Title 8.9A of the Code of Virginia, Uniform Commercial Code - Secured Transactions. The existing rules are codified as 5 VAC 5-30 ("Chapter 30") of Title 5 of the Virginia Administrative Code. The Office of the Clerk of the Commission ("Clerk") has reported to the Commission that certain amendments to Chapter 30 are necessary and desirable to update the existing rules and to facilitate the use of electronic commerce for increased customer service.

NOW THE COMMISSION, based on information supplied by the Clerk, proposes to adopt a regulation revising Chapter 30.

Accordingly, IT IS ORDERED THAT:

(1) The proposed revised regulation, entitled "Uniform Commercial Code Filing Rules," is appended hereto and made a part of the record herein.

(2) Comments or requests for a hearing on the proposed regulation must be submitted in writing to Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, on or before May 23, 2011. Requests for hearing shall state why a hearing is necessary and why the issues cannot be adequately addressed in written comments. All correspondence shall contain a reference to Case No. CLK-2011-00003. Interested persons desiring to submit comments or request a hearing electronically may do so by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

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

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

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 proposed regulation, to interested parties as he may designate.

5VAC5-30-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

~~"Active record" means a UCC record that has not reached the one-year anniversary of its lapse date.~~

"Amendment" means a UCC record that amends the information contained in a financing statement. Amendments also include (i) assignments and (ii) continuation and termination statements.

"Assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.

"Continuation statement" shall have the meaning prescribed by § 8.9A-102(a)(27) of the Code of Virginia.

"Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.

"File number" shall have the meaning prescribed by § ~~8.9A-519(b)~~ 8.9A-102(a)(36) of the Code of Virginia.

"Filing office" means the Clerk's Office of the State Corporation Commission.

"Filing officer" means the Clerk of the State Corporation Commission.

"Filing officer statement" means a statement entered into the ~~filing office's~~ UCC information management system to ~~correct~~ describe the correction of an error or inaccuracy made by the filing office.

"Financing statement" shall have the meaning prescribed by § 8.9A-102(a)(39) of the Code of Virginia.

~~"Inactive record" means a UCC record that has reached the first anniversary of its lapse date.~~

"Individual" means a natural person, living or deceased.

"Initial financing statement" means a UCC record containing the information required to be in an initial financing statement and that causes the filing office to establish the initial record of existence of a financing statement.

"Organization" means a legal person that is not an individual.

"Personal identifiable information" shall have the meaning prescribed by § 12.1-19 B of the Code of Virginia.

"Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.

"Secured party of record" shall have the meaning prescribed by § 8.9A-511 of the Code of Virginia.

"Termination statement" shall have the meaning prescribed by § 8.9A-102(a)(79) of the Code of Virginia.

"Through date" means the most recent date that all submissions for a specified day have been indexed in the UCC information management system.

"UCC" means the Uniform Commercial Code - Secured Transactions (§ 8.9A-101 et seq. of the Code of Virginia).

"UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements.

"UCC record" means an initial financing statement, an amendment, and a correction or filing officer statement, and shall not be deemed to refer exclusively to paper or paper-based writings.

5VAC5-30-30. General filing and search requirements.

A. UCC records may be tendered for filing at the filing office as follows:

1. By personal delivery, at the filing office street address;

2. By courier delivery, at the filing office street address; or

3. By postal delivery, to the filing office mailing address; or

4. By electronic delivery method provided and authorized by the filing office.

B. The filing time for a UCC record delivered by ~~any of the foregoing methods~~ personal, courier, or postal delivery is the time the UCC record is date-and-time stamped by the filing office even though the UCC record may not yet have been accepted for filing and may be subsequently rejected. The filing time for a UCC record delivered by authorized electronic delivery method is the date and time the UCC information management system receives the record and determines that all the required elements of the transmission have been received in the required format.

C. UCC search requests may be delivered to the filing office by ~~any of the methods by which UCC records may be delivered to the filing office~~ personal, courier, or postal delivery.

5VAC5-30-40. Forms, fees, and payments.

A. Forms.

1. The filing office shall only accept forms for UCC records that conform to the requirements of this chapter.

2. The forms set forth in § 8.9A-521 of the Code of Virginia shall be accepted.

3. The forms approved by the International Association of Commercial Administrators as they appear on the filing office's website ~~(http://www.scc.virginia.gov/division/clk/fee_ucc.htm)~~ (http://www.scc.virginia.gov/division/clk/uccfile.aspx) shall be accepted.

4. The filing officer may approve other forms for acceptance, including additional forms ~~promulgated~~ approved by the International Association of Commercial Administrators.

B. Fees.

1. The fee for filing and indexing a UCC record ~~communicated on paper~~ is $20.

2. The fee for submitting a UCC search request ~~communicated on paper~~ is $7.00.

3. The fee for furnishing UCC search copies is $.50 for each page. The fee for affixing the seal of the commission to a certificate is $3.00.

C. Methods of payment. Filing fees and fees for services provided under this ~~regulation~~ chapter may be paid by the following methods:

1. Payment in cash shall be accepted if paid in person at the filing office.

2. Personal checks, cashier's checks and money orders made payable to the State Corporation Commission or Treasurer of Virginia shall be accepted for payment if drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.

3. Payment by credit card acceptable to the filing office or electronic check shall be accepted for the filing or submission of documents delivered by authorized electronic method.

D. Overpayment and underpayment policies.

1. The filing officer shall notify the remitter of the amount of any overpayment exceeding $24.99 and send the remitter the appropriate procedure and form for requesting a refund. The filing officer shall refund an overpayment of $24.99 or less only upon the written request of the remitter. A request for a refund shall be delivered to the filing office within 12 months from the date of payment.

2. Upon receipt of a UCC record with an insufficient filing fee, the filing officer shall return the record to the remitter with a notice stating the deficiency and ~~shall~~ may retain the filing fee.

E. Federal liens. A notice of lien, certificate and other notice affecting a federal tax lien or other federal lien presented to the filing office pursuant to the provisions of the Uniform Federal Lien Registration Act (§ 55-142.1 et seq. of the Code of Virginia) shall be treated as the most analogous UCC record unless the Uniform Federal Lien Registration Act or federal law provides otherwise.

Part II
Record Requirements

5VAC5-30-50. Acceptance and refusal of records; continuation statements.

A. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to this chapter, the filing officer does none of the following:

1. Determine the legal sufficiency or insufficiency of a record;

2. Determine that a security interest in collateral exists or does not exist;

3. Determine that information in the record is correct or incorrect, in whole or in part; or

4. Create a presumption that information in the record is correct or incorrect, in whole or in part.

B. The first day on which a continuation statement may be filed is the day of the month corresponding to the date upon which the related financing statement would lapse in the sixth month preceding the month in which the financing statement would lapse. If there is no such corresponding date, the first day on which a continuation statement may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The last day on which a continuation statement may be filed is the date upon which the financing statement lapses. If the lapse date falls on a Saturday, Sunday, or other day on which the filing office is not open, then the last day on which a continuation statement may be filed, if tendered for filing by personal, courier, or postal delivery, is the last day the filing office is open prior to the lapse date. An authorized electronic delivery method may be available to file a continuation statement on a Saturday, Sunday, or other day on which the filing office is not open. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth or 30th year following the date of filing.

C. Except as provided in 5VAC5-30-40 D, if the filing officer finds grounds to refuse a UCC record, the filing officer shall return the record to the remitter and ~~shall~~ may retain the filing fee.

D. Nothing in this chapter shall prevent a the filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC record, whether or not it was filed or refused for filing. However, the filing ~~officer~~ office is under no obligation to do so and may not, in fact, have the resources to identify potential defects. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for such effectiveness.

E. The filing officer may act in accordance with § 12.1-19 B of the Code of Virginia with respect to submissions that contain personal identifiable information.

F. If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer shall file the UCC record as provided in this chapter with a filing date and time assigned when the record was originally tendered for filing. The filing officer shall also file a filing officer statement that states the effective date and time of filing, which shall be the date and time the UCC record was originally tendered for filing.

Part III
Record Filing and Searches

5VAC5-30-60. Filing and data entry procedures.

A. The filing office may correct errors made by its personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification, the filing officer shall file a filing officer statement in the UCC information management system identifying the record to which it relates, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.

B. An error by a filer or remitter is the responsibility of that person. It can be corrected by filing an amendment or it can be disclosed by filing a correction statement pursuant to § 8.9A-518 of the Code of Virginia. A correction statement shall be made only on a Statement of Claim form (Form UCC5).

C. 1. A UCC record tendered for filing shall designate whether a name is a name of an individual or an organization. If the name is that of an individual, the first, middle and last names and any suffix shall be given.

2. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the record or if it appears that the name of an individual has been included in the field designated for an organization name.

3. The filing office will only accept forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Such forms diminish the possibility of filing office error and help assure that filers' expectations are met. However, the inclusion of names in an incorrect field or the failure to transmit names accurately to the filing office may cause a financing statement to be ineffective.

D. The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor ~~named~~ included in the UCC information management system.

5VAC5-30-70. Search requests and reports.

A. The filing officer maintains for public inspection a searchable index for all UCC records. The index shall provide for the retrieval of all filed records by the name of the debtor and by the file number of the initial financing statement.

B. Search requests shall be made only on the National Information Request ~~Form~~ form (Form UCC11) and shall ~~contain the following information~~ include:

1. The name of the debtor to be searched, specifying whether the debtor is an individual or organization. A search request will be processed using the exact name provided by the requestor.

2. The name and address of the person to whom the search report is to be sent.

3. ~~The~~ Payment of the appropriate fee, which shall be ~~enclosed, payable~~ made by a method ~~described herein~~ set forth in this chapter.

C. Search requests may ~~contain the following information~~ include:

1. A request that copies of records found in the search be included with the search report, or and

2. Instructions on the mode of delivery desired, if other than by ~~ordinary mail~~ postal delivery, which ~~request~~ shall be ~~honored~~ followed if the ~~requested~~ desired mode is ~~available~~ acceptable to the filing office.

D. Search results are produced by the application of standardized search logic to the name presented to the filing officer. The following criteria apply to searches:

1. There is no limit to the number of matches that may be returned in response to the search request.

2. No distinction is made between upper and lower case letters.

3. Punctuation marks and accents are disregarded.

4. "Noise words" are limited to "an," "and," "for," "of," and "the." The word "the" ~~always will be~~ is disregarded ~~and other~~. Other noise words appearing anywhere except at the beginning of an organization name ~~will be~~ are disregarded. Certain business words are modified to a standard abbreviation: company to "co," corporation to "corp," limited to "ltd," incorporated to "inc."

5. All spaces are disregarded.

6. After using the preceding criteria to modify the name to be searched, the search will reveal names of debtors that are contained in unlapsed or all initial financing statements in an alphabetical list.

E. Reports created in response to a search request shall include the following:

1. The date and time the report was generated.

2. Identification of the name searched.

3. The through date as of the date and time the report was generated.

4. For an organization, the name as it appears after application of the standardized search logic.

5. Identification of each unlapsed initial financing statement or all initial financing statements filed on or prior to the report date and time corresponding to the search criteria, by name of debtor, by ~~identification~~ file number, and by file date and file time.

4. 6. For each initial financing statement on the report, a listing of all related UCC records filed by the filing officer on or prior to the report date.

5. 7. Copies of all UCC records revealed by the search and requested by the requestor.

F. The filing office may provide access to the searchable index via the Internet that produces search results beyond exact name matches. Search results obtained via the Internet shall not constitute an official search and will not be certified by the filing office.

VA.R. Doc. No. R11-2808; Filed April 19, 2011, 4:36 p.m.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Final Regulation

REGISTRAR'S NOTICE: The Board of Funeral Directors and Embalmers is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Funeral Directors and Embalmers will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC65-20. Regulations of the Board of Funeral Directors and Embalmers (amending 18VAC65-20-436).

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

Effective Date: June 8, 2011.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4637, or email lisa.hahn@dhp.virginia.gov.

Summary:

The amendments (i) specify all of the parties permitted to authorize a cremation; (ii) remove the 24-hour waiting period for cremation when a visual identification is not made and allow the crematory to use other means of positive identification as an alternative to visual identification; and (iii) change the temperature of refrigeration from 40° Fahrenheit to approximately 40° Fahrenheit when cremation is not made within 24 hours of the crematory taking custody of remains.

18VAC65-20-436. Standards for registered crematories or funeral establishments that operate a crematory.

A. Authorization to cremate.

1. In accordance with § 54.1-2818.1 of the Code of Virginia, a crematory shall require a cremation authorization form executed in person or electronically in a manner that provides a copy of an original signature of the next-of-kin ~~or the person designated pursuant to § 54.1-2825 of the Code of Virginia~~ or his representative, who may be any person designated to make arrangements for the decedent's burial or the disposition of his remains pursuant to § 54.1-2825 of the Code of Virginia; an agent named in an advance directive pursuant to § 54.1-2984; or a sheriff, upon court order, if no next-of-kin, designated person, or agent is available.

2. The cremation authorization form shall include an attestation of visual identification of the deceased from a viewing of the remains or a photograph signed by the person making the identification. The identification attestation shall either be given on the cremation authorization form or on an identification form attached to the cremation authorization form.

3. In the event visual identification is not ~~made~~ feasible, a crematory ~~shall observe a 24-hour waiting period between the time of death and the cremation~~ may use other positive identification of the deceased as a prerequisite for cremation pursuant to § 54.1-2818.1 of the Code of Virginia.

B. Standards for cremation. The following standards shall be required for every crematory:

1. Every crematory shall provide evidence at the time of an inspection of a permit to operate issued by the Department of Environmental Quality (DEQ).

2. A crematory shall not knowingly cremate a body with a pacemaker, defibrillator or other potentially hazardous implant in place.

3. A crematory shall not cremate the human remains of more than one person simultaneously in the same retort, unless the crematory has received specific written authorization to do so from the person signing the cremation authorization form.

4. A crematory shall not cremate nonhuman remains in a retort permitted by DEQ for cremation of human remains.

5. Whenever a crematory is unable to cremate the remains within 24 hours upon taking custody thereof, the crematory shall maintain the remains in refrigeration at ~~40 degrees~~ approximately 40° Fahrenheit or less, unless the remains have been embalmed.

C. Handling of human remains.

1. Human remains shall be transported to a crematory in a cremation container and shall not be removed from the container unless the crematory has been provided with written instructions to the contrary by the person who signed the authorization form. A cremation container shall substantially meet all the following standards:

a. Be composed of readily combustible materials suitable for cremation;

b. Be able to be closed in order to provide complete covering for the human remains;

c. Be resistant to leakage or spillage; and

d. Be rigid enough for handling with ease.

2. No crematory shall require that human remains be placed in a casket before cremation nor shall it require that the cremains be placed in a cremation urn, cremation vault or receptacle designed to permanently encase the cremains after cremation. Cremated remains shall be placed in a plastic bag inside a rigid container provided by the crematory or by the next-of-kin for return to the funeral establishment or to the next-of-kin. If cremated remains are placed in a biodegradable container, a biodegradable bag shall be used. If placed in a container designed for scattering, the cremated remains may be placed directly into the container if the next-of-kin so authorized in writing.

3. The identification of the decedent shall be physically attached to the remains and appropriate identification placed on the exterior of the cremation container. The crematory operator shall verify the identification on the remains with the identification attached to the cremation container and with the identification attached to the cremation authorization. The crematory operator shall also verify the identification of the cremains and place evidence of such verification in the cremation record.

D. Recordkeeping. A crematory shall maintain the records of cremation for a period of three years from the date of the cremation that indicate the name of the decedent, the date and time of the receipt of the body, and the date and time of the cremation and shall include:

1. The cremation authorization form signed by the person authorized by law to dispose of the remains and the form on which the next-of-kin or ~~his designee~~ the person authorized by § 54.1-2818.1 of the Code of Virginia to make the identification has made a visual identification of the deceased or evidence of positive identification if visual identification is not feasible;

2. The permission form from the medical examiner;

3. The DEQ permit number of the retort used for the cremation and the name of the retort operator; and

4. The form verifying the release of the cremains, including date and time of release, the name of the person and the entity to whom the cremains were released and the name of the decedent.

VA.R. Doc. No. R11-2807; Filed April 14, 2011, 9:44 a.m.

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Final Regulation

Title of Regulation: 20VAC5-415. Rules Governing Telecommunications Relay Service (repealing 20VAC5-415-10, 20VAC5-415-20).

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

Effective Date: May 1, 2011.

Agency Contact: Robert Gillespie, Associate General Counsel, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9780, FAX (804) 371-9211, or email robert.gillespie@scc.virginia.gov.

Summary:

Effective January 1, 2007, the statutory authority over the collection or disbursement of funds related to the functioning of the Virginia telecommunications relay service was transferred to other state agencies. Because of the repeal of the statutory authority and the successful transition of all telecommunications relay service operations to other agencies, the State Corporation Commission has repealed this chapter.

AT RICHMOND, APRIL 13, 2011

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUC-2010-00069

Ex Parte: In the Matter of Revoking Rules
Governing Telecommunications Relay Service,
20 VAC 5-415-10 et seq.

ORDER REPEALING RULES

Effective January 1, 2007, Virginia Code §§ 56-484.4 - 484.6 were repealed by operation of 2006 Acts of Assembly, ch. 780. Since that date, the State Corporation Commission ("Commission") has not exercised any authority over the collection or disbursement of funds related to the functioning of the Virginia telecommunications relay service. Those functions, by statute, were transferred to the Department for the Deaf and Hard-of-Hearing, the Virginia Information Technologies Agency, and the Virginia Tax Commissioner.

Because of the repeal of the statutory authority and the successful transition of all telecommunications relay service operations, the Commission issued its Order for Notice and Comment on January 4, 2011, to determine if there was a need to retain the Commission's Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq.

Pursuant to that Order, the proposed revocation was published in the Virginia Register of Regulations. Interested persons were directed to file any comments regarding the proposed revocation on or before February 28, 2011. No comments were received, so there was no need for the Commission Staff to file a Response, which was permitted on or before March 18, 2011.

NOW THE COMMISSION, having considered the repeal of statutory authority, the successful transition of all telecommunications relay service funding and operations to other agencies, and the lack of comments herein, finds that there is no need to retain any portion of the Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq.

Accordingly, IT IS ORDERED THAT:

(1) Effective May 1, 2011, the Commission's Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq. are repealed.

(2) The Commission's Division of Information Resources shall forward a copy of this order to the Registrar of Regulations.

(3) This case is dismissed from the Commission's docket and the record developed herein shall be forwarded to the file for ended causes.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219; all local exchange carriers certificated in Virginia as set out in Appendix B; and a copy shall be sent to the Commission's Office of General Counsel and Division of Communications.

VA.R. Doc. No. R11-2709; Filed April 13, 2011, 2:58 p.m

GOVERNOR
Vol. 27 Iss. 18 - May 09, 2011

GOVERNOR

EXECUTIVE ORDER NUMBER 32 (2011)

The Governor's Commission on Government Reform and Restructuring, Phase II

Importance of the Issue

The Commonwealth of Virginia continues to face budgetary management challenges and increasing demands for core public services. Citizens and businesses in Virginia are entitled to a limited and effective state government. Revenues collected from Virginia taxpayers must be spent in the most efficient manner possible. It is incumbent on those charged with providing government services to protect the public from harm and theft, educate our citizenry, foster economic opportunity, provide necessary infrastructure, preserve fundamental rights and perform other essential functions in a manner that avoids duplication, delay, waste, and unnecessary regulation and bureaucracy.

Throughout the course of my administration, we will conduct a comprehensive review to make certain that duplicative, outdated, unnecessary and ineffective services and service delivery methods are eliminated and that state revenues are dedicated to the core functions of government. Consequently, my second act as Governor on Inauguration Day was to establish the Governor's Commission on Government Reform & Restructuring to conduct a comprehensive, systematic and ongoing evaluation of the effectiveness and need for the state's existing agencies, governing bodies, programs, and services.

During the Commission's first year of work, members listened to Virginia citizens and state employees by holding public town halls in all regions of the Commonwealth, receiving more than 1,700 comments and ideas for consideration. The report issued in December 2010 made 134 recommendations that would improve transparency and customer service, review and eliminate unnecessary mandates on localities, consolidate office operations, rightsize manager to employee ratios, privatize non-core government functions, and properly account for all Commonwealth-owned property.

The Commission's work is far from complete. The way forward is to build on our progress by eliminating and consolidating programs that are inefficient or duplicative and make state government more transparent and accountable.

Governor's Commission on Government Reform and Restructuring

Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, including but not limited to Section 2.2-134 of the Code of Virginia, and subject always to my continuing and ultimate authority and responsibility to act in such matters, I hereby extend the Governor's Commission on Government Reform and Restructuring ("Commission").

The Commission will conduct a thorough review of Virginia state government:

· Identify opportunities for creating efficiencies in state government, including streamlining, consolidating, or eliminating redundant and unnecessary agency services, governing bodies, regulations and programs;

· Explore innovative ways to deliver state services at the lowest cost and best value to Virginia taxpayers;

· Seek out means to more effectively and efficiently perform core state functions, including potential privatization of government operations where appropriate, and restore focus on core mission oriented service;

· Examine ways for state government to be more transparent, user friendly and accountable to the citizens of the Commonwealth; and

· Work with the cabinet and state executive branch agencies to implement these recommendations proposed by the Commission.

The Commission will consist of up to 20 citizen members appointed by the Governor and serving at his pleasure. The Governor shall designate a Chairman and a Vice-Chairman from among the citizen members. Three members of the Virginia House of Delegates and two members of the Virginia Senate shall also be invited to be members. The Governor may appoint other members to the Commission as necessary. The Secretaries of Administration and Finance, and the Vice-Chair of the Council on Virginia's Future, shall serve as ex officio, non-voting members of the Commission.

The Commission shall submit a final report of its activities and recommendations by November 1, 2011. I direct all executive branch agencies and institutions to cooperate fully with the work of the Commission.

Staff support as is necessary for the conduct of the Commission's work during the term of its existence shall he furnished by the Office of the Governor, the Offices of the Governor's Cabinet Secretaries, the Department of Planning and Budget, and such other executive agencies as the Governor may designate. An estimated 2,000 hours of staff time will be required to support the commission on an annual basis. Such funding as is necessary for the term of the Commission's existence shall be provided from sources, including both private and appropriated funds, contributed or appropriated for purposes related to the work of the Commission, as authorized by Section 2.2-135(13) of the Code of Virginia. Direct expenditures for the Commission's work are estimated to be $15,000 annually, exclusive of staff support.

Effective Date of the Executive Order

This Executive Order shall become effective upon its signing and shall remain in full force and effect until April 12, 2012, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 12th day of April, 2011.

/s/ Robert F. McDonnell
Governor

REGISTER INFORMATION PAGEVol. 27 Iss. 18 - May 09, 2011

PUBLICATION SCHEDULE AND DEADLINESVol. 27 Iss. 18 - May 09, 2011

PETITIONS FOR RULEMAKINGVol. 27 Iss. 18 - May 09, 2011

NOTICES OF INTENDED REGULATORY ACTIONVol. 27 Iss. 18 - May 09, 2011

REGULATIONSVol. 27 Iss. 18 - May 09, 2011

GOVERNORVol. 27 Iss. 18 - May 09, 2011

GOVERNOR

REGISTER INFORMATION PAGE
Vol. 27 Iss. 18 - May 09, 2011

PUBLICATION SCHEDULE AND DEADLINES
Vol. 27 Iss. 18 - May 09, 2011

PETITIONS FOR RULEMAKING
Vol. 27 Iss. 18 - May 09, 2011

NOTICES OF INTENDED REGULATORY ACTION
Vol. 27 Iss. 18 - May 09, 2011

REGULATIONS
Vol. 27 Iss. 18 - May 09, 2011

GOVERNOR
Vol. 27 Iss. 18 - May 09, 2011