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 18 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. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on
December 11, 2017.
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, Chair; Gregory D. Habeeb; Ryan T. McDougle; Robert
L. Calhoun; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure,
Jr.; Christopher R. Nolen; Timothy Oksman; Charles S. Sharp; Mark J. Vucci.
Staff
of the Virginia Register: Karen
Perrine, Acting Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar; Alexandra Stewart, Regulations Analyst; Rhonda Dyer,
Publications Assistant; Terri Edwards, Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 34 Iss. 17 - April 16, 2018
April 2018 through April 2019
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Volume: Issue
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Material Submitted By Noon*
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Will Be Published On
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34:17
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March 28, 2018
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April 16, 2018
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34:18
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April 11, 2018
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April 30, 2018
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34:19
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April 25, 2018
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May 14, 2018
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34:20
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May 9, 2018
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May 28, 2018
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34:21
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May 23, 2018
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June 11, 2018
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34:22
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June 6, 2018
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June 25, 2018
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34:23
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June 20, 2018
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July 9, 2018
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34:24
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July 3, 2018 (Tuesday)
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July 23, 2018
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34:25
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July 18, 2018
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August 6, 2018
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34:26
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August 1, 2018
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August 20, 2018
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35:1
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August 15, 2018
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September 3, 2018
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35:2
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August 29, 2018
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September17, 2018
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35:3
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September 12, 2018
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October 1, 2018
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35:4
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September 26, 2018
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October 15, 2018
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35:5
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October 10, 2018
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October 29, 2018
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35:6
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October 24, 2018
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November 12, 2018
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35:7
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November 7, 2018
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November 26, 2018
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35:8
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November 19, 2018 (Monday)
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December 10, 2018
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35:9
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December 5, 2018
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December 24, 2018
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35:10
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December 14, 2018 (Friday)
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January 7, 2019
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35:11
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January 2, 2019
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January 21, 2019
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35:12
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January 16, 2019
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February 4, 2019
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35:13
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January 30, 2019
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February18, 2019
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35:14
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February 13, 2019
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March 4, 2019
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35:15
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February 27, 2019
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March 18, 2019
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35:16
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March 13, 2019
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April 1, 2019
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35:17
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March 27, 2019
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April 15, 2019
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35:18
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April 10, 2019
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April 29, 2019
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*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 34 Iss. 17 - April 16, 2018
TITLE 18.
PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF VETERINARY MEDICINE
Agency Decision
Title of Regulation: 18VAC150-20.
Regulations Governing the Practice of Veterinary Medicine.
Statutory Authority: § 54.1-2400 of the Code of
Virginia.
Name of Petitioner: Claire Webster.
Nature of Petitioner's Request: To authorize the
delegation of administration of Schedule II-V drugs by any route to an
unlicensed assistant under the direction and supervision of a veterinarian or a
veterinary technician.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition and the
comments on the petition were considered by the board at its meeting on March
15, 2018. Members of the board voted to deny the petition because they believe
delegation of administration of Schedules II through V drugs to unlicensed
assistants is not consistent with protection of public health and safety. There
is no measure of competency and no direct accountability for practice by an
unlicensed person. Additionally, there does not appear to be any authority in
the Virginia Drug Control Act for such delegation of administration of
controlled substances.
Agency Contact: Leslie L. Knachel, Executive Director,
Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA
23233, telephone (804) 367-4468, or email leslie.knachel@dhp.virginia.gov.
VA.R. Doc. No. R18-07; Filed March 15, 2018, 3:33 p.m.
NOTICES OF INTENDED REGULATORY ACTION
Vol. 34 Iss. 17 - April 16, 2018
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 VPDES general permit for
wastewater and stormwater discharges from nonmetallic mineral mines. The
current permit expires on June 30, 2019, and needs to be reissued so that
nonmetallic mineral mines with point source discharges of wastewater and
stormwater to surface waters can continue to have general permit coverage. The
proposed action also will update the general permit as necessary to ensure it
remains current, clear, and effective and will continue to protect water
quality from discharges associated with this industry.
The proposed rulemaking is essential to the protection of
health, safety, or welfare of the citizens of the Commonwealth. Proper
permitting requirements for discharges protect water quality and living
resources of Virginia's waters for consumption of fish and shellfish,
recreational uses, and conservation in general. Other issues that may need
consideration are whether (i) additional total maximum daily load (TMDL)
requirements are needed for impaired waters; (ii) additional requirements are
needed to address ammonia; (iii) stormwater management requirements need to be
updated to correspond with U.S. Environmental Protection Agency's 2015
multi-sector general permit; (iv) additional benchmarks, limits, or special conditions
are needed; (v) registration statement questions need to be added, deleted, or
updated; or (vi) clarification of other aspects of the permit, regulation,
forms, or instructions is needed.
In addition, this regulation will undergo a periodic review
pursuant to Executive Order 17 (2014) and a small business impact review
pursuant to § 2.2-4007.1 of the Code of Virginia 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 or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
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: May 16, 2018.
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) 698-4032, or email
peter.sherman@deq.virginia.gov.
VA.R. Doc. No. R18-5446; Filed March 23, 2018, 10:58 a.m.
REGULATIONS
Vol. 34 Iss. 17 - April 16, 2018
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-510. Pertaining to
Amberjack and Cobia (amending 4VAC20-510-20, 4VAC20-510-25,
4VAC20-510-33).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: April 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish (i) a daily vessel limit of six
amberjack or cobia for all commercial gears and (ii) a daily possession limit
of two amberjack or cobia per commercial fisherman registration licensee for
all commercial gears and change the end of the recreational season from
September 15 to September 30.
4VAC20-510-20. Recreational fishery possession limits; season
closure; vessel allowance; prohibition on gaffing.
A. It shall be unlawful for any person fishing recreationally
to possess more than two amberjack or more than one cobia at any time. Any
amberjack or cobia caught after the possession limit has been reached shall be
returned to the water immediately. When fishing from any boat or vessel where
the entire catch is held in a common hold or container, the possession limit
shall be for the boat or vessel and shall be equal to the number of persons on
board legally eligible to fish multiplied by two for amberjack or one for
cobia, except there is a maximum vessel limit of three cobia per vessel per
day. That vessel limit may only include one cobia greater than 50 inches in
total length. The captain or operator of the boat or vessel shall be
responsible for any boat or vessel possession limit.
B. In 2017, it It shall be unlawful for any
person fishing recreationally to harvest or possess any cobia before June 1 or
after September 15 30.
C. It shall be unlawful for any person fishing
recreationally to gaff or attempt to gaff any cobia.
4VAC20-510-25. Commercial fishery possession limits and season.
A. It shall be unlawful for any person fishing
commercially to possess more than two amberjack or more than two cobia at any
time, except as described in 4VAC20-510-33. Any amberjack or cobia caught after
the possession limit has been reached shall be returned to the water
immediately. When fishing from any boat or vessel where the entire catch is
held in a common hold or container, the possession limit shall be for the boat
or vessel and shall be equal to the number of persons valid
commercial fisherman registration licensees on board legally eligible to
fish multiplied by two, except there is a maximum vessel limit of six
cobia per vessel per day. The captain or operator of the boat or vessel
shall be responsible for any boat or vessel possession limit.
B. In 2017 it shall be unlawful for any person fishing
commercially to harvest or possess any cobia after September 30.
4VAC20-510-33. Exceptions to possession limits and minimum size
limits.
A. Nothing in 4VAC20-510-25 shall limit the possession of
amberjack or cobia by licensed seafood buyers or wholesale and retail seafood
establishments when operating in their capacity as buyer, wholesaler, or
retailer.
B. Nothing in 4VAC20-510-25 and 4VAC20-510-30 shall limit the
possession of cobia by an aquaculture facility that is permitted in accordance
with the provisions of 4VAC20-510-35.
C. Any person employed by a permitted cobia aquaculture
facility for the purpose of harvesting cobia as broodstock for the aquaculture
facility shall be exempt from the provisions of 4VAC20-510-20 and 4VAC20-510-30
provided that person possesses a scientific collection permit issued by the
commissioner.
D. The daily possession limit for cobia for any vessel
operated by at least one legal commercial hook-and-line licensee shall be no
more than six cobia, regardless of the number of crew on that vessel.
VA.R. Doc. No. R18-5453; Filed March 29, 2018, 9:16 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-620. Pertaining to Summer
Flounder (amending 4VAC20-620-40, 4VAC20-620-50).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: April 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments (i) establish a 16.5-inch minimum size limit
for the 2018 recreational summer flounder fishery in Virginia waters and (ii)
allow New Jersey vessels that possess summer flounder harvested commercially
from federal waters to enter Virginia waters but not to offload summer flounder
in Virginia.
4VAC20-620-40. Commercial vessel possession and landing
limitations.
A. It shall be unlawful for any person harvesting summer
flounder outside of Virginia's waters to do any of the following, except as
described in subsections B, C, D, and E of this section:
1. Possess aboard any vessel in Virginia waters any amount of
summer flounder in excess of 10% by weight of Atlantic croaker or the combined
landings, on board a vessel, of black sea bass, scup, squid, scallops and
Atlantic mackerel.
2. Possess aboard any vessel in Virginia waters any amount of
summer flounder in excess of 1,500 pounds landed in combination with Atlantic
croaker.
3. Fail to sell the vessel's entire harvest of all species at
the point of landing.
B. Nothing in this chapter shall preclude a vessel from possessing
any North Carolina or New Jersey vessel possession limit of summer
flounder in Virginia; however, no vessel that possesses the North Carolina or
New Jersey vessel possession limit of summer flounder shall offload any
amount of that possession limit, except as described in subsection J of this
section.
C. From March 1 through April 30, it shall be unlawful for
any person harvesting summer flounder outside of Virginia waters to do any of
the following:
1. Possess aboard any vessel in Virginia waters any amount of
summer flounder in excess of the combined total of the Virginia landing limit
described in subdivision 2 of this subsection and the amount of the legal North
Carolina or New Jersey landing limit or trip limit.
2. Land in Virginia more than a total of 7,500 pounds of
summer flounder.
3. Land in Virginia any amount of summer flounder more than
once in any consecutive five-day period.
D. From October 16 through December 31 of each year,
it shall be unlawful for any person harvesting summer flounder outside of
Virginia waters to do any of the following:
1. Possess aboard any vessel in Virginia waters any amount of
summer flounder in excess of the combined total of the Virginia landing limit
described in subdivision 2 of this subsection and the amount of the legal North
Carolina or New Jersey landing limit or trip limit.
2. Land in Virginia more than a total of 7,000 pounds of
summer flounder.
3. Land in Virginia any amount of summer flounder more than
once in any consecutive five-day period.
E. From January 1 through December 31 of each year,
any boat or vessel issued a valid federal summer flounder moratorium permit and
owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that
possesses a Restricted Summer Flounder Endorsement shall be restricted to a
possession and landing limit of 200 pounds of summer flounder, except as
described in 4VAC20-620-30 F.
F. Upon request by a marine police officer, the seafood buyer
or processor shall offload and accurately determine the total weight of all
summer flounder aboard any vessel landing summer flounder in Virginia.
G. Any possession limit described in this section shall be
determined by the weight in pounds of summer flounder as customarily packed,
boxed and weighed by the seafood buyer or processor. The weight of any summer
flounder in pounds found in excess of any possession limit described in this
section shall be prima facie evidence of violation of this chapter. Persons in
possession of summer flounder aboard any vessel in excess of the possession
limit shall be in violation of this chapter unless that vessel has requested
and been granted safe harbor. Any buyer or processor offloading or accepting
any quantity of summer flounder from any vessel in excess of the possession
limit shall be in violation of this chapter, except as described by subsection
J of this section. A buyer or processor may accept or buy summer flounder from
a vessel that has secured safe harbor, provided that vessel has satisfied the
requirements described in subsection J of this section.
H. If a person violates the possession limits described in
this section, the entire amount of summer flounder in that person's possession
shall be confiscated. Any confiscated summer flounder shall be considered as a
removal from the appropriate commercial harvest or landings quota. Upon
confiscation, the marine police officer shall inventory the confiscated summer
flounder and, at a minimum, secure two bids for purchase of the confiscated
summer flounder from approved and licensed seafood buyers. The confiscated fish
will be sold to the highest bidder, and all funds derived from such sale
shall be deposited for the Commonwealth pending court resolution of the charge
of violating the possession limits established by this chapter. All of the
collected funds will be returned to the accused upon a finding of innocence or
forfeited to the Commonwealth upon a finding of guilty.
I. It shall be unlawful for a licensed seafood buyer or
federally permitted seafood buyer to fail to contact the Marine Resources
Commission Operation Station prior to a vessel offloading summer flounder
harvested outside of Virginia. The buyer shall provide to the Marine Resources
Commission the name of the vessel, its captain, an estimate of the amount in
pounds of summer flounder on board that vessel, and the anticipated or approximate
offloading time. Once offloading of any vessel is complete and the weight of
the landed summer flounder has been determined, the buyer shall contact the
Marine Resources Commission Operations Station and report the vessel name and
corresponding weight of summer flounder landed. It shall be unlawful for any
person to offload from a boat or vessel for commercial purposes any summer
flounder during the period of 9 p.m. to 7 a.m.
J. Any boat or vessel that has entered Virginia waters for
safe harbor shall only offload summer flounder when the state that licenses
that vessel requests to transfer quota to Virginia, in the amount that
corresponds to that vessel's possession limit, and the commissioner agrees to
accept that transfer of quota.
K. After any commercial harvest or landing quota as described
in 4VAC20-620-30 has been attained and announced as such, any boat or vessel
possessing summer flounder on board may enter Virginia waters for safe harbor
but shall contact the Marine Resources Commission Operation Center in advance
of such entry into Virginia waters.
L. It shall be unlawful for any person harvesting summer
flounder outside of Virginia waters to possess aboard any vessel, in Virginia,
any amount of summer flounder, once it has been projected and announced that
100% of the quota described in 4VAC20-620-30 A has been taken.
4VAC20-620-50. Minimum size limits.
A. The minimum size for summer flounder harvested by
commercial fishing gear shall be 14 inches, in total length.
B. The minimum size of summer flounder harvested by
recreational fishing gear, including but not limited to hook and line,
rod and reel, spear and gig, shall be 17 16.5 inches, in
total length, except that the minimum size of summer flounder harvested in the
Potomac River tributaries shall be the same as established by the Potomac River
Fisheries Commission for the mainstem Potomac River.
C. Length shall be measured in a straight line from tip of
nose to tip of tail.
D. It shall be unlawful for any person to possess any summer
flounder smaller than the designated minimum size limit.
E. Nothing in this chapter shall prohibit the landing of
summer flounder in Virginia that were legally harvested in the Potomac River.
VA.R. Doc. No. R18-5452; Filed March 29, 2018, 9:28 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia;
however, the commission is required to publish the full text of final regulations.
Title of Regulation: 4VAC20-1230. Pertaining to
Restrictions on Shellfish (amending 4VAC20-1230-30).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: April 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.
Summary:
The amendment changes the required recertification time
interval for Shellfish Harvest Safety Training Certification from two years to
five years to conform to National Shellfish Sanitation Program guidelines.
4VAC20-1230-30. Public health and warm water harvest
restrictions for shellfish.
A. Beginning December 1, 2014, it shall be unlawful for any
commission employee or representative to issue any shellfish license, shellfish
permit, or oyster resource user fee to any person unless that person has
successfully completed the Shellfish Harvest Safety Training Certification
Course. Beginning January 1, 2015, it shall be unlawful for any person to
harvest or attempt to harvest shellfish unless that person has successfully
completed the Shellfish Harvest Safety Training Certification Course. The
Shellfish Harvest Safety Training Certification shall be valid from the date of
issuance through the next two five calendar years.
B. No provisions in this chapter shall apply to seed clams or
seed oysters.
C. It shall be unlawful for any person to have any cat, dog,
or other animal on board a vessel during the harvest of shellfish.
D. From May 1 through September 30, any vessel used for the
harvest of shellfish, from either public or private grounds, shall provide
shading over the area that serves as storage for the shellfish when the
shellfish are on board that vessel. All shellfish in the vessel shall be
offloaded every day. Shading shall not be required for vessels transporting
clam seed or seed oysters for replanting.
E. From May 1 through September 30, all shellfish shall be
shaded during land-based deliveries.
F. From June 1 through August 31, it shall be unlawful for
any person to leave the dock or shore, prior to one hour before sunrise,
to harvest or attempt to harvest shellfish from private grounds.
VA.R. Doc. No. R18-5454; Filed March 29, 2018, 9:07 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Final Regulation
REGISTRAR'S NOTICE: The Common
Interest Community Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 6 of the Code
of Virginia, which excludes regulations of the regulatory boards served by the
Department of Professional and Occupational Regulation pursuant to Title 54.1
of the Code of Virginia that are limited to reducing fees charged to regulants
and applicants. The Common Interest Community Board will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 18VAC48-60. Common Interest
Community Board Management Information Fund Regulations (amending 18VAC48-60-60).
Statutory Authority: § 54.1-2349 of the Code of
Virginia.
Effective Date: June 1, 2018.
Agency Contact: Trisha Henshaw, Executive Director,
Common Interest Community Board, Department of Professional and Occupational
Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804)
367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.
Summary:
To remain in compliance with § 54.1-113 of the Code of
Virginia, the amendments extend the existing reduction in (i) the application
registration fee for residential common interest communities applying on or
before June 30, 2019, and (ii) renewal fees for associations renewing on or
before June 30, 2019.
18VAC48-60-60. Registration fee.
The following fee schedule is based upon the size of each
residential common interest community. The application fee is different than
the annual renewal fee. All fees are nonrefundable.
|
Number of Lots/Units
|
Application Fee
|
Renewal Fee
|
|
1 - 50
|
$45
|
$30
|
|
51 - 100
|
$65
|
$50
|
|
101 - 200
|
$100
|
$80
|
|
201 - 500
|
$135
|
$115
|
|
501 - 1000
|
$145
|
$130
|
|
1001 - 5000
|
$165
|
$150
|
|
5001+
|
$180
|
$170
|
The application fee for registration of a residential common
interest community received on or before June 30, 2018 2019,
shall be $10 regardless of size. For annual renewal of a residential common
interest community registration received on or before June 30, 2018 2019,
the fee shall be $10 regardless of size.
NOTICE: The following forms
used in administering the regulation were filed by the agency. The forms are
not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (18VAC48-60)
Community Association Registration Application, A492-0550REG-v4
(eff. 9/2017)
Community Association Annual Report, A492-0550ANRPT-v6
(eff. 9/2017)
Community
Association Registration Application, A492-0550REG-v5 (3/2018)
Community
Association Annual Report, A492-0550ANRPT-v7 (3/2018)
Community Association Governing Board Change Form,
A492-0550GBCHG-v1 (eff. 9/2013)
Community Association Point of Contact/Management
Change Form, A492-0550POCCHG-v2 (eff. 9/2017)
VA.R. Doc. No. R18-5433; Filed March 28, 2018, 11:54 a.m.
Copies of the following documents may be viewed during regular
work days from 8:15 a.m. until 4:30 p.m. in the offices of the
Virginia Department for the Deaf and Hard of Hearing (VDDHH), 1602 Rolling
Hills Drive, Suite 203, Richmond, VA 23229-5012. Copies may be obtained free of
charge by contacting Leslie G. Hutcheson at the same address, telephone (804)
662-9703 (V/TTY), FAX (804) 662-9718, or email leslie.hutcheson@vddhh.virginia.gov.
Some of the documents may be available to be downloaded from
the VDDHH homepage at http://www.vddhh.org.
Questions regarding interpretation or implementation of these
documents may also be directed to Leslie Hutcheson.
VDDHH Policies and Procedures implementing 22VAC20-20
(Regulations Governing Eligibility Standards and Application Procedures for the
Distribution of Assistive Technology Devices); updated annually
VDDHH Policies and Procedures implementing 22VAC20-30
(Regulations Governing Interpreter Services for the Deaf and Hard of Hearing); updated
annually
Directory of Qualified Interpreters, implementing 22VAC20-30
(Regulations Governing Interpreter Services for the Deaf and Hard of Hearing); updated
monthly
Virginia Quality Assurance Screening Applicant Packet,
implementing 22VAC20-30 (Regulations Governing Interpreter Services for the
Deaf and Hard of Hearing); updated annually