Virginia Register of Regulations, Vol. 35 Iss. 13 Feb 18, 2019

REGISTER INFORMATION PAGE
Vol. 35 Iss. 13 - February 18, 2019

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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 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; James A. "Jay" Leftwich, Vice Chair; Ryan T. McDougle; Rita Davis; Leslie L. Lilley; E.M. Miller, Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T. Towell; Mark J. Vucci.

Staff of the Virginia Register: Karen Perrine, Registrar of Regulations; Anne Bloomsburg, Assistant Registrar; Nikki Clemons, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Senior Operations Staff Assistant.

PUBLICATION SCHEDULE AND DEADLINES
Vol. 35 Iss. 13 - February 18, 2019

March 2019 through April 2020

Volume: Issue	Material Submitted By Noon*	Will Be Published On
35:14	February 13, 2019	March 4, 2019
35:15	February 27, 2019	March 18, 2019
35:16	March 13, 2019	April 1, 2019
35:17	March 27, 2019	April 15, 2019
35:18	April 10, 2019	April 29, 2019
35:19	April 24, 2019	May 13, 2019
35:20	May 8, 2019	May 27, 2019
35:21	May 22, 2019	June 10, 2019
35:22	June 5, 2019	June 24, 2019
35:23	June 19, 2019	July 8, 2019
35:24	July 3, 2019	July 22, 2019
35:25	July 17, 2019	August 5, 2019
35:26	July 31, 2019	August 19, 2019
36:1	August 14, 2019	September 2, 2019
36:2	August 28, 2019	September 16, 2019
36:3	September 11, 2019	September 30, 2019
36:4	September 25, 2019	October 14, 2019
36:5	October 9, 2019	October 28, 2019
36:6	October 23, 2019	November 11, 2019
36:7	November 6, 2019	November 25, 2019
36:8	November 18, 2019 (Monday)	December 9, 2019
36:9	December 4, 2019	December 23, 2019
36:10	December 18, 2019	January 6, 2020
36:11	January 1, 2020	January 20, 2020
36:12	January 15, 2020	February 3, 2020
36:13	January 29, 2020	February 17, 2020
36:14	February 12. 2020	March 2, 2020
36:15	February 26, 2020	March 16, 2020
36:16	March 11, 2020	March 30, 2020
36:17	March 25, 2020	April 13, 2020

*Filing deadlines are Wednesdays unless otherwise specified.

PETITIONS FOR RULEMAKING
Vol. 35 Iss. 13 - February 18, 2019

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Initial Agency Notice

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

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

Name of Petitioner: Ross Miller.

Nature of Petitioner's Request: For the board to establish clear processes and guidance for the compelling disclosure of information when a board investigation identifies potential Class 1 misdemeanors.

Agency Plan for Disposition of Request: The petition will be published on February 18, 2019, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov to receive public comment ending March 20, 2019. Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for April 16, 2019.

Public Comment Deadline: March 20, 2019.

Agency Contact: Elaine J. Yeatts, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, or email elaine.yeatts@dhp.virginia.gov.

VA.R. Doc. No. R19-24; Filed January 18, 2019, 3:39 p.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Initial Agency Notice

Title of Regulation: 24VAC35-30. VASAP Case Management Policy and Procedure Manual.

Statutory Authority: §§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Name of Petitioner: Cynthia Ellen Hites.

Nature of Petitioner's Request: "I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-30-150 (VASAP Policy and Procedures Manual). Currently, the law states the following: Section 150, Paragraph A: 'Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender.' As of now, no penalty exists to the caseworker for breech of this law. With no adverse effect to the caseworker, or ASAP director, respectively, for failing to fulfill their duties, ASAP caseworkers can effectively operate with impunity regarding the time allotted them to notify [the] offender and court of noncompliance. There are no penalties established for the incidences of caseworker error or malfeasance that result in restart of [an] ignition interlock sentence, or force [the] offender to reappear in court to face further punishment. I propose the following language be adopted, in lieu of the current: 'A. Noncompliance reporting. When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender. If [the] caseworker fails to notify in writing both parties, within five working days, the instance of noncompliance shall not be considered, and the offender shall incur no penalty.'"

Agency Plan for Disposition of Request: The petitioner's request will be considered by the Commission on the Virginia Alcohol Safety Action Program at its June 7, 2019, meeting.

Public Comment Deadline: May 30, 2019.

Agency Contact: Richard Foy, Field Services Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R19-25; Filed January 29, 2019, 1:33 p.m.

NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 13 - February 18, 2019

TITLE 9. ENVIRONMENT

General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities

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 9VAC25-115, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities. The purpose of the proposed action is to amend and reissue the existing general permit that expires on July 23, 2021. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharge of seafood processing wastewater from seafood processing facilities, including seafood processing sites operating under Standard Industrial Classification codes 2091 and 2092 (Canned and Cured Fish and Seafood and Prepared Fish or Frozen Fish and Seafoods), to surface waters in order to maintain surface water quality. Issues that may need to be addressed include (i) updating the stormwater management requirements, (ii) determining whether other types of seafood processing or any total maximum daily load requirements need to be added to the general permit, and (iii) determining whether the operations and maintenance manual should address shellfish cage cleaning. Amendments may be identified following the submission of public comments on this notice and by the technical advisory committee during consideration of this general permit regulation.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the State Water Control Board is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency 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: March 20, 2019.

Agency Contact: Elleanore Daub, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, or email elleanore.daub@deq.virginia.gov.

VA.R. Doc. No. R19-5819; Filed January 30, 2019, 11:39 a.m.

TITLE 11. GAMING

Historical Horse Racing

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Racing Commission intends to consider promulgating 11VAC10-47, Historical Horse Racing. The purpose of the proposed action is to implement the provisions of Chapter 811 of the 2018 Acts of Assembly, which authorizes historical horse racing at facilities licensed by the Virginia Racing Commission. The proposed regulations will address the requirements for an entity licensed to conduct pari-mutuel wagering on historical horse racing, including (i) the location and hours of operation, (ii) types and specifications of the terminals to be utilized, (iii) accounting and auditing, (iv) permits required for licensee employees, (v) simulcast operations, (vi) annual reporting, and (vii) implementation by a licensee of a program to promote responsible gaming and the program's minimum requirements.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 59.1-369 of the Code of Virginia.

Public Comment Deadline: March 20, 2019.

Agency Contact: Kimberly Mackey, Regulatory Coordinator, Virginia Racing Commission, 5707 Huntsman Road, Suite 201-B, Richmond, VA 23250, telephone (804) 966-7406, or email kimberly.mackey@vrc.virginia.gov.

VA.R. Doc. No. R19-5684; Filed February 6, 2019, 9:58 a.m.

REGULATIONS
Vol. 35 Iss. 13 - February 18, 2019

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.

Title of Regulation: 4VAC15-360. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish (amending 4VAC15-360-30).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: March 1, 2019.

Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dgif.virginia.gov.

Summary:

The amendments address snapping turtle population reduction concerns occurring from unregulated harvest by capping annual permit issuance, number of traps per permit, and minimum carapace (shell) length and imposing other conditions intended to keep the statewide harvest of breeding adults at or below 50,000 pounds annually to assure population viability while providing for regulated commercial harvest, including a Virginia residency requirement intended to buffer market-driven impacts when out-of-state commercial harvesters have accounted for as much as 70% of statewide harvests annually due to high market demands.

4VAC15-360-30. Taking of snapping turtles, crayfish and hellgrammites for sale.

A. It shall only be lawful to take and sell snapping turtles ~~and hellgrammites~~ with a Permit to Collect and Sell Snapping Turtles and Hellgrammites ~~or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe~~. The director may issue, deny, modify, suspend, or revoke a Permit to Collect and Sell Snapping Turtles and Hellgrammites. Such permits shall be valid provided that the harvest of snapping turtles is not otherwise prohibited by state or federal law or regulation. To be eligible to harvest snapping turtles, an applicant must be a Virginia resident and submit an annual report.

1. It shall be unlawful to harvest any snapping turtle with less than a 13-inch curved carapace length.

2. It shall be unlawful to harvest snapping turtles from October 1 through May 31.

3. It shall be unlawful for permit holders to take any species other than snapping turtles.

4. The department will issue a maximum of 25 permits per year. No more than one individual residing at a single address may be issued a permit. Permits are not transferable.

5. It shall be unlawful to operate more than 20 traps per permit. The permit number or name and address of [ ~~permittee~~ the permit holder ] shall be marked on all traps.

6. Hoop nets or similar homemade traps shall be the only lawful form of trapping snapping turtles. Hoop nets or other traps shall not exceed six feet in length with a throat opening that does not exceed 36 inches.

7. Permit holders must check all traps at least once each day and remove all captured animals.

8. Permit applications will be issued in the order received, to the maximum annual number.

9. Failure to comply with the harvest and sales reporting requirements as detailed in conditions of the permit shall be unlawful and may result in immediate permit revocation and loss of harvest privileges for a minimum of one year.

10. It shall be the permit holder's responsibility to report "no activity" when no activity occurs during the permit period.

B. It shall only be lawful to take and sell hellgrammites with a Permit to Collect and Sell Snapping Turtles and Hellgrammites or a Permit to Hold and Sell Certain Wildlife under such restrictions and conditions as the board may prescribe.

C. It shall be lawful to hold and sell crayfish with a Permit to Hold and Sell Certain Wildlife under such restrictions as the board may prescribe.

VA.R. Doc. No. R19-5773; Filed January 29, 2019, 11:25 a.m.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF GAME AND INLAND FISHERIES

Final Regulation

REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is claiming an exemption from the Administrative Process Act pursuant to § 29.1-701 E of the Code of Virginia, which provides that the board shall promulgate regulations to supplement Chapter 7 (§ 29.1-700 et seq.) of Title 29.1 of the Code of Virginia as prescribed in Article 1 (§ 29.1-500 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia.

Title of Regulation: 4VAC15-380. Watercraft: Motorboat Numbering (amending 4VAC15-380-120).

Statutory Authority: §§ 29.1-701 and 29.1-701.1 of the Code of Virginia.

Effective Date: March 1, 2019.

Summary:

The amendments (i) increase registration and titling fees and (ii) set out titling fees that previously were not included in the regulation.

4VAC15-380-120. Certificate of registration and titling fees.

A. The following fees shall be paid by applicants for certificates of registration:

For a motorboat under 16 feet	~~$27~~ $32
For a motorboat 16 feet to less than 20 feet	~~$31~~ $36
For a motorboat 20 feet to less than 40 feet	~~$37~~ $42
For a motorboat 40 feet and over	~~$45~~ $50
For first 10 actively registered motorboats by the same owner	~~$27~~ $32
For more than 10 actively registered motorboats by the same owner	~~$21~~ $26
For a duplicate certificate of registration ~~and/or~~ or decal	$9 $14

B. The following fees shall be paid by applicants for certificates of title:

Titling fee	$10
Duplicate title	$7
Change of motor on title	$7
Record supplemental lien on previously titled watercraft	$10

VA.R. Doc. No. R19-5774; Filed January 29, 2019, 11:34 a.m.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Proposed Regulation

Title of Regulation: 8VAC20-750. Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia (adding 8VAC20-750-5 through 8VAC20-750-110).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information:

March 21, 2019 - 12 noon - James Monroe Building, 101 North 14th Street, 22nd Floor, Conference Room, Richmond, VA 23219. The public hearing will begin immediately following adjournment of the Board of Education business meeting.

Public Comment Deadline: April 19, 2019.

Agency Contact: Emily V. Webb, Director for Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524, or email emily.webb@doe.virginia.gov.

Basis: The Board of Education's authority for promulgating regulations governing standards for accrediting public schools is § 22.1-253.13:3 of the Code of Virginia. The Board of Education's overall regulatory authority is § 22.1-16 of the Code of Virginia.

Chapter 142 of the 2015 Acts of Assembly added § 22.1-279.1:1 of the Code of Virginia, which requires the Board of Education to adopt regulations relating to the use of seclusion and restraint in public schools that (i) are consistent with its Guidelines for the Development of Policies and Procedures for Managing Student Behavior in Emergency Situations and the Fifteen Principles contained in the U.S. Department of Education's Restraint and Seclusion: Resource Document; (ii) include definitions, criteria for use, restrictions for use, training requirements, notification requirements, reporting requirements, and follow-up requirements; and (iii) address distinctions, including distinctions in emotional and physical development, between (a) the general student population and the special education student population and (b) elementary school students and secondary school students.

Purpose: The proposed regulatory action is necessary to fulfill the General Assembly's directive that regulations be developed in accordance with the 2014 recommendation of the Virginia Commission on Youth that certain principles contained in certain existing guidance documents have regulatory effect. The proposed regulatory action is intended to ensure that school personnel are properly trained to understand the circumstances in which seclusion or restraint may be used and on appropriate methods for secluding or restraining students, in the interest of protecting both students and school personnel from harm.

Substance: The regulation governs the use of seclusion and restraint utilized for the purpose of behavioral intervention in the schools of the Commonwealth of Virginia.

To comply with the proposed regulation, school personnel must first determine whether the action constitutes restraint or seclusion as those terms are defined in 8VAC20-750-10. If the action does not meet the definition, or if the action falls under any of the "does not include" portions of the definitions in 8VAC20-750-10, then school personnel may act within their reasonable discretion. If the action falls within the definition of restraint or seclusion, it may be used, but only under the circumstances described in 8VAC20-750-40 and 8VAC20-750-50, and the action is subject to the other requirements of this chapter. In addition, 8VAC20-750-30 identifies certain practices that constitute restraint or seclusion that may be detrimental to the health, safety, or dignity of the student and that may never be used by school personnel.

Issues: The primary advantage to the public, specifically students and parents, will be a lessened risk of injury or other trauma, increased communication with parents, and more proactive consideration and implementation of positive behavioral interventions. The primary advantage to the agency is the ability to collect additional data regarding behavioral interventions in school settings.

The primary disadvantage to the regulated community, that is, school divisions within the Commonwealth, is the cost of providing training and the time required to report and debrief. Staff has identified no other disadvantages to the proposed regulation. School divisions will benefit from having trained personnel and from evidence-based positive behavioral interventions.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 142 of the 2015 Acts of the General Assembly,¹ the Board of Education (Board) proposes to promulgate regulations on the use of seclusion and restraint in public elementary and secondary schools in the Commonwealth. Seclusion and restraint are not currently addressed in Board regulations.

Result of Analysis. The benefits likely exceed the costs for most proposed amendments.

Estimated Economic Impact.

Legislation and Regulation: The legislation specifies that:

"The Board shall adopt regulations on the use of seclusion and restraint in public elementary and secondary schools in the Commonwealth that (i) are consistent with its Guidelines for the Development of Policies and Procedures for Managing Student Behavior in Emergency Situations² and the Fifteen Principles contained in the U.S. Department of Education's Restraint and Seclusion: Resource Document³; (ii) include definitions, criteria for use, restrictions for use, training requirements, notification requirements, reporting requirements, and follow-up requirements; and (iii) address distinctions, including distinctions in emotional and physical development, between (a) the general student population and the special education student population and (b) elementary school students and secondary school students."

In order to address the requirements of the legislation, the Board's proposed regulation defines what constitutes seclusion and physical restraint, as well as mechanical restraint, pharmacological restraint, and aversive stimuli. The proposed regulation bans the use of mechanical restraints, pharmacological restraints, and aversive stimuli, and describes the conditions under which it is permissible for a student to be restrained or secluded. The regulation also provides for notification and reporting to parents, for debriefing with staff and the student following incidents, and for follow-up when a student has been restrained or secluded more than twice during the course of a school year. In addition, the regulation also provides for reporting to the Virginia Department of Education (VDOE). The regulation also requires local school divisions to adopt policies and procedures regarding the use of seclusion and restraint. Finally, the regulation requires that all school personnel be trained in techniques for avoiding the use of seclusion and restraint and that school personnel who work with students who are likely to be restrained or secluded must receive additional training on safe methods for restraining or secluding a student.

Benefits: In a 2009 report⁴ prepared for presentation to the U.S. House of Representatives' Committee on Education and Labor, the U.S. Government Accountability Office (GAO) identified several hundred cases of alleged abuse, including deaths that were related to the use of restraint or seclusion of children in public and private schools. The GAO observed that problems with untrained or poorly trained staff were often related to many instances of alleged abuse. The proposed required training and the banning of the use of mechanical restraints, pharmacological restraints, and aversive stimuli should help reduce the frequency and the magnitude of harm to students from seclusion and restraint. The proposed requirements for notification and reporting to parents and VDOE should help parents and state authorities be better informed. Better data may help state authorities make better-informed policy decisions.

Costs: The primary costs associated with the proposed regulation are associated with the training requirements. Through contact with training programs, VDOE has estimated that the average training program lasts three days and charges $2,328 per person. The requirements would apply to 2,112 public schools, and assuming that there would be three employees to be trained at each school, the estimated direct cost for training statewide would be $14,748,941. During the three days away for training, the schools would need to employ substitutes. The estimated statewide cost for substitutes is $601,920. Beyond training, the proposed regulation also requires that additional staff time be spent on notifications, reporting and debriefing.

Businesses and Entities Affected. The proposed amendments potentially affect the more than 1,286,000 students in the Commonwealth's K through 12 public schools, the 132 local school divisions, and the Virginia Department of Education.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed requirements that all school personnel be trained in techniques for avoiding the use of seclusion and restraint, and that school personnel who work with students who are likely to be restrained or secluded must receive additional training on safe methods for restraining or secluding a student, may increase employment at firms that supply such training.

Effects on the Use and Value of Private Property. The proposed training requirements may increase the value of firms that provide such training.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed regulation does not introduce costs for small businesses. Small firms that provide training on safe methods for restraining or secluding a student would benefit from the proposed regulation.

Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendments do not adversely affect businesses.

Localities. The proposed training requirements increase costs for local school divisions.

Other Entities. The proposed amendments do not adversely affect other entities.

______________________________

¹See http://townhall.virginia.gov/l/viewmandate.cfm?mandateid=615

²See http://www.doe.virginia.gov/support/student_conduct/guidelines
_managing_behaviors_emergency.pdf

³See https://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf

⁴See https://www.gao.gov/assets/130/122526.pdf

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

Summary:

Chapter 142 of the 2015 Acts of Assembly enacted § 22.1-279.1:1 of the Code of Virginia, which requires that the State Board of Education adopt regulations on the use of seclusion and restraint in Virginia primary and secondary schools. The resulting proposed regulation (i) defines what constitutes seclusion and physical restraint, as well as mechanical restraints, pharmacological restraints, and aversive stimuli; (ii) bans the use of mechanical restraints, pharmacological restraints, and aversive stimuli; (iii) describes the conditions under which it is permissible for a student to be restrained or secluded; (iv) provides for notification and reporting to parents, for debriefing with staff and the student following incidents, and for follow-up when a student has been restrained or secluded more than twice during the course of a school year; (v) provides for reporting to the Virginia Department of Education; (vi) requires local school divisions to adopt policies and procedures regarding the use of seclusion and restraint; and (vii) requires that all school personnel be trained in techniques for avoiding the use of seclusion and restraint and that school personnel who work with students who are likely to be restrained or secluded must receive additional training on safe methods for restraining or secluding a student.

CHAPTER 750
REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA

8VAC20-750-5. Application.

A. This chapter is applicable to all students and school personnel in the public elementary and secondary schools of the Commonwealth of Virginia, as defined in 8VAC20-750-20. This chapter governs the use of seclusion and restraint for the purpose of behavioral intervention.

B. To comply with this chapter, school personnel must first determine whether the action constitutes restraint or seclusion, as defined in 8VAC20-750-10. If the action does not meet the definition, or if the action falls under any of the "does not include" portions of the definitions in 8VAC20-750-10, then school personnel may act within their reasonable discretion. If the action falls within the definition of restraint or seclusion, it may be used, but only under the circumstances described in 8VAC20-750-40 and 8VAC20-750-50, and is subject to the other requirements of this chapter.

C. 8VAC20-750-30 identifies certain practices that constitute restraint or seclusion that may be detrimental to the health, safety, or dignity of the student and that may never be used by school personnel.

8VAC20-750-10. Definitions related to permitted and prohibited actions.

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

"Aversive stimuli" means interventions that are intended to induce pain or discomfort to a student for the purposes of punishing the student or eliminating or reducing maladaptive behaviors, such as:

1. Noxious odors and tastes;

2. Water and other mists or sprays;

3. Blasts of air;

4. Corporal punishment as defined in § 22.1-279.1 of the Code of Virginia;

5. Verbal and mental abuse;

6. Forced exercise when:

a. The student's behavior is related to the student's disability;

b. The exercise would have a harmful effect on the student's health; or

c. The student's disability prevents participation in such activities; or

7. Deprivation of necessities, including:

a. Food and liquid at a time it is customarily served;

b. Medication; or

c. Use of the restroom.

"Corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline.

"Mechanical restraint" means the use of any material, device, or equipment to restrict a student's freedom of movement. The term "mechanical restraint" does not include the devices implemented by trained school personnel or used by a student that have been prescribed by an appropriate medical or related service professional and are used with parental consent and for the specific and approved purposes for which such devices were designed, such as:

1. Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;

2. Vehicle restraints, including seat belts, when used as intended during the transport of a student in a moving vehicle;

3. Restraints for medical immobilization;

4. Orthopedically prescribed devices that permit a student to participate in activities without risk of harm; or

5. High chairs and feeding stations used for age or developmentally appropriate students.

"Pharmacological restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement that is not (i) prescribed by a licensed physician or other qualified health professional under the scope of the professional's authority for the standard treatment of a student's medical or psychiatric condition and (ii) administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the professional's authority.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move freely. The term "physical restraint" does not include (i) briefly holding a student to calm or comfort the student; (ii) holding a student's hand or arm to escort the student safely from one area to another; or (iii) the use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and control.

"Restraint" means mechanical restraint, physical restraint, or pharmacological restraint.

"Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Provided that no such room or space is locked, the term "seclusion" does not include (i) time-out, as defined in this chapter; (ii) in-school suspension; (iii) detention; (iv) student-requested breaks in a different location in the room or in a separate room; (v) removal of a student for a short period of time from the room or a separate area of the room to provide the student with an opportunity to regain self-control, so long as the student is in a setting from which the student is not physically prevented from leaving; (vi) removal of a student for disruptive behavior from a classroom by the teacher as provided in § 22.1-276.2 of the Code of Virginia; or (vii) confinement of a student alone in a room or area from which the student is physically prevented from leaving during the investigation and questioning of the student by school personnel regarding the student's knowledge of or participation in events constituting a violation of the code of student conduct, such as a physical altercation, or an incident involving drugs or weapons.

"Time-out" means a behavioral intervention in which the student is temporarily removed from the learning activity but in which the student is not confined.

8VAC20-750-20. General definitions.

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

"Behavioral intervention plan" or "BIP" means a plan that utilizes positive behavioral interventions and supports to address (i) behaviors that interfere with a student's learning or that of others or (ii) behaviors that require disciplinary action.

"Board" means the Virginia Board of Education.

"Business day" means Monday through Friday, 12 months of the year, exclusive of federal and state holidays (unless holidays are specifically included in the designation of business days).

"Chapter" means these regulations, that is, Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia, 8VAC20-750.

"Calendar days" means consecutive days, inclusive of Saturdays and Sundays. Whenever any period of time fixed by this chapter expires on a Saturday, Sunday, federal holiday, or state holiday, the period of time for taking such action shall be extended to the next day that is not a Saturday, Sunday, federal holiday, or state holiday.

"Child with a disability" or "student with a disability" means a public elementary or secondary school student evaluated in accordance with the provisions of 8VAC20-81 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disability (referred to in 8VAC20-81 as an emotional disability), an orthopedic impairment, autism, traumatic brain injury, other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities who, by reason thereof, requires special education and related services. This also includes developmental delay if the school division recognizes this category as a disability under 8VAC20-81-80 M 3. If it is determined through an appropriate evaluation that a child has one of the disabilities identified but only needs related services and not special education, the child is not a child with a disability under 8VAC20-81. If the related service required by the child is considered special education rather than a related service under Virginia standards, the child would be determined to be a child with a disability. As used in this chapter, the disability categories set forth in this definition and the terms "special education" and "related services" shall have the meanings set forth in 8VAC20-81-10.

"Day" means calendar day unless otherwise designated as business day or school day.

"Department" means the Virginia Department of Education.

"Evaluation" means procedures used in accordance with 8VAC20-81 to determine whether a child has a disability and the nature and extent of the special education and related services the child needs.

"Functional behavioral assessment" or "FBA" means a process to determine the underlying cause or functions of a student's behavior that impede the learning of the student or the learning of the student's peers. A functional behavioral assessment may include a review of existing data or new testing data or evaluation as determined as set forth in 8VAC20-750-70.

"Individualized education program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised at least annually in a team meeting in accordance with the Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81). The IEP specifies the individual educational needs of the child and what special education and related services are necessary to meet the child's educational needs.

"Individualized education program team" or "IEP team" means a group of individuals described in 8VAC20-81-110 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.

"School day" means any day, including a partial day, that students are in attendance at school for instructional purposes. The term has the same meaning for all students in school, including students with and without disabilities.

"School personnel" means individuals employed by the school division on a full-time or part-time basis or as independent contractors or subcontractors as instructional, administrative, and support personnel and include individuals serving as a student teacher or intern under the supervision of appropriate school personnel.

"Section 504 plan" means a written plan of modifications and accommodations under Section 504 of the Rehabilitation Act of 1973 (29 USC § 794).

"Student" means any student, with or without a disability, enrolled in a public elementary or secondary school as defined in § 22.1-1 of the Code of Virginia.

1. For purposes of this chapter, the term "student" shall also include those students (i) attending a public school on a less-than-full-time basis, such as those students identified in § 22.1-253.13:2 N of the Code of Virginia; (ii) receiving homebound instruction pursuant to 8VAC20-131-180 and as defined in 8VAC20-81-10, without regard to special education status; (iii) receiving home-based instruction pursuant to 8VAC20-81-10; and (iv) who are preschool students enrolled in a program operated by a school division or receiving services from school personnel.

2. As used in this chapter, "student" shall not include children meeting compulsory attendance requirements of § 22.1-254 of the Code of Virginia by (i) enrollment in private, denominational, or parochial schools; (ii) receipt of instruction by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the relevant division superintendent; or (iii) receipt of home instruction pursuant to § 22.1-254 of the Code of Virginia. With regard to restraint and seclusion, students placed through public or private means in a private day or residential school for students with disabilities shall be afforded the protections set forth in 8VAC20-671.

8VAC20-750-30. Prohibited actions.

A. The following actions are prohibited in the public elementary and secondary schools in the Commonwealth of Virginia:

1. Use of mechanical restraints.

2. Use of pharmacological restraints.

3. Use of aversive stimuli.

4. Use of restraint or seclusion in any manner that restricts a student's breathing or harms the student.

5. Use of physical restraint or seclusion as (i) punishment or discipline; (ii) a means of coercion or retaliation; (iii) a convenience; (iv) to prevent property damage, or in any manner other than as provided in 8VAC20-750-40 and 8VAC20-750-50.

6. Use of corporal punishment.

7. Use of seclusion rooms or freestanding units not meeting the standards set forth in this chapter.

8. Use of restraint or seclusion when medically or psychologically contraindicated as stated in documentation by the IEP team, the student's Section 504 team, school professionals, or by a licensed physician, psychologist, or other qualified health professional under the scope of the professional's authority.

B. Nothing in this section shall be construed to prohibit physical restraint or seclusion under the conditions outlined in 8VAC20-750-40 and 8VAC20-750-50.

8VAC20-750-40. Use of physical restraint and seclusion.

A. Nothing in this chapter shall be construed to require a school division to employ physical restraint or seclusion in its schools. School divisions electing to use physical restraint and seclusion shall comply with the requirements of this chapter.

B. School personnel may implement physical restraint or seclusion only when other interventions are or would be, in the reasonable judgment of the particular school personnel implementing physical restraint or seclusion in an emergency situation, ineffective and only to:

1. Prevent a student from inflicting serious physical harm or injury to self or others;

2. Quell a disturbance or remove a student from the scene of a disturbance in which such student's behavior or damage to property threatens serious physical harm or injury to persons;

3. Defend self or others from serious physical harm or injury;

4. Obtain possession of controlled substances or paraphernalia that are upon the person of the student or within the student's control; or

5. Obtain possession of weapons or other dangerous objects that are upon the person of the student or within the student's control.

C. Physical restraint and seclusion shall be discontinued as soon as the imminent risk of serious physical harm or injury to self or others presented by the emergency situation has dissipated.

D. Nothing in this section shall be construed to require school personnel to attempt to implement a less restrictive intervention prior to using physical restraint or seclusion when, in the reasonable judgment of the school personnel in an emergency situation, a less restrictive intervention would be ineffective.

E. Unless a student's damage to property creates an imminent risk of serious physical harm or injury to the student or others, the damage of property does not itself indicate an imminent risk of serious physical harm or injury and shall not be the justification for the restraint or seclusion of a student.

F. Any incident involving physical restraint or seclusion in any of the circumstances described in this section shall be subject to the requirements of 8VAC20-750-50 through 8VAC20-750-100.

8VAC20-750-50. Seclusion; standards for use.

A. School divisions electing to use seclusion as permitted by this chapter shall meet the following structural and physical standards for rooms designated by the school to be used for seclusion:

1. Any seclusion room or area shall be free of any objects or physical features that may cause injury to the student.

2. Any seclusion room or area shall be of sufficient dimensions and shall have sufficient lighting, heating, cooling, and ventilation to comport with the dignity and safety of the student.

3. Windows in the seclusion room shall be constructed to minimize breakage and otherwise prevent the occupant from harming himself.

4. All space in the seclusion room shall be visible through the door, either directly or by mirrors.

B. School divisions electing to use seclusion as authorized by this chapter shall provide for the continuous visual monitoring of any seclusion, either by the presence of school personnel in the seclusion room or area or observation by school personnel through a window, viewing panel, or half-door.

C. School divisions electing to use seclusion as authorized by this chapter shall include within their local policies and procedures provisions that address the appropriate use and duration of seclusion based upon the age and development of the student.

8VAC20-750-60. Notification and reporting.

A. When any student has been physically restrained or secluded:

1. The school personnel involved shall report the incident and the use of any related first aid to the school principal or the principal's designee as soon as possible by the end of the school day in which the incident occurred; and

2. The school principal or the principal's designee, or other school personnel shall make a reasonable effort to ensure that direct contact is made with the student's parent, either in person or through telephone conversation, or other means of communication authorized by the parent, such as email, to notify the parent of the incident and any related first aid on the day the incident occurred.

B. When any student has been physically restrained or secluded after the regular school day, the notifications required by subsection A of this section shall be made as soon as practicable in compliance with the school division's school crisis, emergency management, and medical emergency response plan required by § 22.1-279.8 of the Code of Virginia.

C. As soon as practicable, but no later than two school days after an incident in which physical restraint or seclusion has been implemented, the school personnel involved in the incident or other school personnel, as may be designated by the principal, shall complete and provide to the principal or the principal's designee a written incident report. The school division shall provide the parent with a copy of the incident report within seven calendar days of the incident.

The written incident report shall contain information sufficient to inform the parent about the incident. Such information would typically include the following:

1. Student name, age, gender, grade, and ethnicity;

2. Location of the incident;

3. Date, time, and total duration of incident, including documentation of the beginning and ending time of each application of physical restraint or seclusion;

4. Date of report;

5. Name of person completing the report;

6. School personnel involved in the incident, their roles in the use of physical restraint or seclusion, and documentation of their completion of the division's training program;

7. Description of the incident, including the resolution and process of return of the student to the student's educational setting, if appropriate;

8. Detailed description of the physical restraint or seclusion method used;

9. Student behavior that justified the use of physical restraint or seclusion;

10. Description of prior events and circumstances prompting the student's behavior, to the extent known;

11. Less restrictive interventions attempted prior to the use of physical restraint or seclusion, and an explanation if no such interventions were employed;

12. Whether the student has an IEP, a Section 504 plan, a BIP, or other plan;

13. If a student, school personnel, or any other individual sustained bodily injury, the date and time of nurse or emergency response personnel notification and the treatment administered, if any;

14. Date, time, and method of parental notification of the incident, as required by this section; and

15. Date, time, and method of school personnel debriefing.

D. Following an incident of physical restraint or seclusion, the school division shall ensure that, within two school days, the principal or the principal's designee reviews the incident with all school personnel who implemented the use of physical restraint or seclusion to discuss:

1. Whether the use of restraint or seclusion was implemented in compliance with this chapter and local policies; and

2. How to prevent or reduce the future need for physical restraint or seclusion.

E. As appropriate, depending on the student's age and developmental level, following each incident of physical restraint or seclusion the school division shall ensure that, as soon as practicable, but no later than two school days or upon the student's return to school, the principal or the principal's designee shall review the incident with the student involved to discuss:

1. Details of the incident in an effort to assist the student and school personnel in identifying patterns of behaviors, triggers, or antecedents; and

2. Alternative positive behaviors or coping skills the student may utilize to prevent or reduce behaviors that may result in the application of physical restraint or seclusion.

F. The principal or the principal's designee shall regularly review the use of physical restraint or seclusion to ensure compliance with school division policy and procedures. When there are multiple incidents within the same classroom or by the same individual, the principal or the principal's designee shall take appropriate steps to address the frequency of use.

8VAC20-750-70. School division policies and procedures.

A. Each school division that elects to use physical restraint or seclusion shall develop and implement written policies and procedures that meet or exceed the requirements of this chapter and that include, at a minimum, the following:

1. A statement of intention that the school division will encourage the use of positive behavioral interventions and supports to reduce and prevent the need for the use of physical restraint and seclusion.

2. Examples of the positive behavioral interventions and support strategies consistent with the student's rights to be treated with dignity and to be free from abuse that the school division uses to address student behavior, including the appropriate use of effective alternatives to physical restraint and seclusion.

3. A description of initial and advanced training for school personnel that addresses (i) appropriate use of effective alternatives to physical restraint and seclusion and (ii) the proper use of restraint and seclusion.

4. A statement of the circumstances in which physical restraint and seclusion may be employed, which shall be no less restrictive than that set forth in 8VAC20-750-40 and 8VAC20-750-50.

5. Provisions addressing the:

a. Notification of parents regarding incidents of physical restraint or seclusion, including the manner of such notification;

b. Documentation of the use of physical restraint and seclusion;

c. Continuous visual monitoring of the use of any physical restraint or seclusion to ensure the appropriateness of such use and the safety of the student being physically restrained or secluded, other students, school personnel, and others. These provisions shall include exceptions for emergency situations in which securing visual monitoring before implementing the physical restraint or seclusion would, in the reasonable judgment of the school personnel implementing the physical restraint or seclusion, result in serious physical harm or injury to persons; and

d. Securing of any room in which a student is placed in seclusion. These provisions shall ensure that any seclusion room or area meet specifications for size and viewing panels that ensure the student's safety at all times, including during a fire or other emergency, as required by this chapter.

B. School divisions utilizing school resource officers shall enter into a memorandum of understanding with local law enforcement addressing the use of seclusion and restraint by law enforcement personnel in school settings.

C. Each school division shall review its policies and procedures regarding physical restraint and seclusion at least annually and shall update these policies and procedures as appropriate. In developing, reviewing, and revising its policies, school divisions shall consider the distinctions in emotional and physical development between elementary and secondary students and between students with and without disabilities.

D. Consistent with § 22.1-253.13:7 D of the Code of Virginia, a current copy of a school division's policies and procedures regarding restraint and seclusion shall be posted on the school division's website and shall be available to school personnel and to the public. School boards shall ensure that printed copies of such policies and procedures are available as needed to citizens who do not have online access.

E. In developing their policies and procedures, school divisions shall give due consideration to practices that encourage parent involvement and collaboration with regard to these matters.

8VAC20-750-80. Prevention; multiple uses of restraint or seclusion.

A. In the initial development and subsequent review and revision of a student's IEP or Section 504 plan, the student's IEP or Section 504 team shall consider whether the student displays behaviors that are likely to result in the use of physical restraint or seclusion. If the IEP or Section 504 team determines that future use is likely, the team shall consider, among other things, the need for (i) an FBA; (ii) a new or revised BIP that addresses the underlying causes or purposes of the behaviors as well as de-escalation strategies, conflict prevention, and positive behavioral interventions; (iii) any new or revised behavioral goals; and (iv) any additional evaluations or reevaluations.

Within 10 school days following the second school day in a single school year on which an incident of physical restraint or seclusion has occurred, the student's IEP or Section 504 team shall meet to discuss the incident and to consider, among other things, the need for (i) an FBA; (ii) a new or revised BIP that addresses the underlying causes or purposes of the behaviors as well as de-escalation strategies, conflict prevention, and positive behavioral interventions; (iii) any new or revised behavioral goals; and (iv) any additional evaluations or reevaluations.

B. For students other than those described in subsection A of this section, within 10 school days of the second school day in a single school year on which an incident of physical restraint or seclusion has occurred, a team consisting of the parent, the principal or the principal's designee, a teacher of the student, school personnel involved in the incident (if not the teacher or administrator already invited), and other appropriate school personnel, such as a school psychologist, school counselor, or school resource officer, as determined by the school division, shall meet to discuss the incident and to consider, among other things, the need for (i) an FBA; (ii) a new or revised BIP that addresses the underlying causes or purposes of the behaviors as well as de-escalation strategies, conflict prevention, and positive behavioral interventions; and (iii) a referral for evaluation.

C. Nothing in this section shall be construed to (i) excuse the team convened under subsection B of this section or its individual members from the obligation to refer the student for evaluation if the team or members have reason to suspect that the student may be a student with a disability; or (ii) prohibit the completion of an FBA or BIP for any student, with or without a disability, who might benefit from these measures but whose behavior has resulted in fewer than two incidents of physical restraint or seclusion in a single school year.

8VAC20-750-90. Annual reporting.

The principal or the principal's designee shall submit to the division superintendent a report on the use of physical restraint and seclusion in the school based on the individual incident reports completed and submitted to the principal or the principal's designee by school personnel pursuant to 8VAC20-750-60 C. The division superintendent shall annually report the frequency of such incidents to the Superintendent of Public Instruction on forms that shall be provided by the Department of Education and shall make such information available to the public.

8VAC20-750-100. Training.

School divisions that employ physical restraint or seclusion shall:

1. Ensure that all school personnel receive initial training that focuses on skills related to positive behavior support, conflict prevention, de-escalation, and crisis response;

2. Ensure that all school personnel receive initial training regarding the regulations, policies, and procedures governing the use of physical restraint and seclusion;

3. Provide advanced training in the use of physical restraint and seclusion for at least one administrator in every school building and for school personnel assigned to work with any student whose IEP or Section 504 team determines the student is likely to be physically restrained or secluded; and

4. Ensure that any initial or advanced training is evidence-based.

8VAC20-750-110. Construction and interpretation.

Nothing in this chapter shall be construed to modify or restrict:

1. The initial authority of teachers to remove students from a classroom pursuant to § 22.1-276.2 of the Code of Virginia;

2. The authority and duties of school resource officers and school security officers, as defined in § 9.1-101 of the Code of Virginia, except to the extent governed by a memorandum of understanding between the local law enforcement agency and the school division;

3. The authority of the Virginia Department of Juvenile Justice with regard to students in its custody at any of its sites or in any of its programs; or

4. The civil immunity afforded teachers employed by local school boards for any acts or omissions resulting from the supervision, care, or discipline of students when such acts or omissions are within such teacher's scope of employment and are taken in good faith in the course of supervision, care, or discipline of students, unless such acts or omissions were the result of gross negligence or willful misconduct, as provided in § 8.01-220.1:2 of the Code of Virginia.

VA.R. Doc. No. R15-4323; Filed December 20, 2018, 12:15 p.m.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been 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.

Title of Regulation: 9VAC25-193. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Concrete Products Facilities.

Agency Contact: Gary E. Graham, Regulatory Analyst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, email gary.graham@deq.virginia.gov.

FORMS (9VAC25-193)

Department of Environmental Quality Water Division Permit Application Fee Form, Form 5 (rev. 10/2018)

~~Registration Statement for the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products Facilities, VAG11 (rev. 4/2013)~~

Registration Statement for Dischargers Associated with Concrete Products Facilities Authorized under VPDES General Permit VAG11 (rev. 1/2019)

VA.R. Doc. No. R19-5815; Filed January 28, 2019, 9:34 a.m.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The form is 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 form is 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.

Title of Regulation: 9VAC25-890. General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems.

Agency Contact: Gary E. Graham, Regulatory Analyst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, or email gary.graham@deq.virginia.gov.

FORMS (9VAC25-890)

MS4 Nutrient Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)

MS4 Sediment Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)

General Permit Registration Statement for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (VAR04), MS4-RS (eff. 5/2018)

VA.R. Doc. No. R19-5814; Filed January 31, 2019, 2:52 p.m.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Notice of Extension of Emergency Regulation

Title of Regulation: 18VAC110-60. Regulations Governing Pharmaceutical Processors (adding 18VAC110-60-10 through 18VAC110-60-330).

Statutory Authority: §§ 54.1-2400 and 54.1-3442.6 of the Code of Virginia.

Expiration Date Extended Through: August 5, 2019.

The Governor approved the request of the Board of Pharmacy to extend the expiration date of the emergency regulation for six months as provided by § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation will continue in effect through August 5, 2019. The emergency regulation relates to permitting pharmaceutical processors for dispensing of cannabidiol or THC-A oil. The Board of Pharmacy is in the process of promulgating a replacement regulation, and the expiration of the emergency regulation would be a serious disruption to the permitting process. The emergency regulation was published in 33:25 VA.R. 2818-2835 August 7, 2017, and amended in 35:5 VA.R. 893-902 October 29, 2018.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R17-4878; Filed February 5, 2019, 3:05 p.m.

Guidance Documents
Vol. 35 Iss. 13 - February 18, 2019

PUBLIC COMMENT OPPORTUNITY

Pursuant to § 2.2-4002.1 of the Code of Virginia, a certified guidance document is subject to a 30-day public comment period after publication in the Virginia Register of Regulations and prior to the guidance document's effective date. During the initial or additional public comment period, comments may be made through the Virginia Regulatory Town Hall website (http://www.townhall.virginia.gov) or sent to the agency contact. Under subsection C of § 2.2-4002.1, the effective date of the guidance document may be delayed for an additional comment period.

The following guidance documents have been submitted for publication by the listed agencies to initiate or extend a public comment period. Online users of this issue of the Virginia Register of Regulations may click on the name of a guidance document to access it. Guidance documents are also available on the Virginia Regulatory Town Hall (http://www.townhall.virginia.gov) or from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, Richmond, Virginia 23219.

BOARD OF PSYCHOLOGY

Titles of Documents: Guidance Document on the Practice of Conversion Therapy.

Public Comment Deadline: March 20, 2019.

Effective Date: March 21, 2019.

Agency Contact: Elaine 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.

SAFETY AND HEALTH CODES BOARD

Titles of Documents: Administrative Regulation Manual for the Virginia Occupational Safety and Health Program, 12-003H.

Amendment to the Flammable Liquid Standard for General Industry § 1910.106 - CFR Correction, 12-211.

Occupational Exposure to Cotton Dust, § 1910.1043,
12-410A.

Occupational Exposure to Beryllium, General Industry,
1910.1024, 12-427B.

Public Comment Deadline: March 20, 2019.

Effective Date: March 21, 2019.

Agency Contact: Jay Withrow, Director, Legal Support, Safety and Health Codes Board, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-9873, or email jay.withrow@doli.virginia.gov.

ANNUAL LIST

Section 2.2-4103.1 of the Code of Virginia requires annual publication in the Virginia Register of Regulations of guidance document lists from state agencies. A guidance document is defined as "…any document developed by a state agency or staff that provides information or guidance of general applicability to the staff or public to interpret or implement statutes or the agency's rules or regulations..." Agencies are required to maintain a complete, current list of all guidance documents and make the full text of such documents available to the public.

Generally, the format for the guidance document list is: document number (if any), title of document, date issued or last revised, and citation of Virginia Administrative Code regulatory authority or Code of Virginia statutory authority. Questions concerning documents or requests for copies of documents should be directed to the contact person listed by the agency.

BOARD OF ACCOUNTANCY

Copies of the following documents may be viewed or obtained on regular work days from 8:15 a.m. until 5 p.m. at the Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, telephone (804) 367-8505, or FAX (804) 527-4409. There are no costs associated with obtaining printed copies of the documents listed.

Questions regarding obtaining copies, interpretation, or implementation of these documents may be directed to Nancy J. Glynn, CPA, Executive Director, at the address provided.

Guidance Documents:

3638, Board of Accountancy Rights and Responsibilities under FOIA, 6/27/2016

3639, Adjudication Manual, 11/20/2013

5970, VBOA Policy #1: Trust Account, 12/31/2018

5971, VBOA Policy #2: Continuing Professional Education Guidelines for Sponsors, 12/31/2018

5972, VBOA Policy #3: Substantially Equivalent Jurisdictions, 12/31/2018

5973, VBOA Policy #4: Continuing Professional Education Guidelines for CPAs, 12/31/2018

5974, VBOA Policy #5: Publication of Disciplinary Action, 12/31/2018

5975, VBOA Policy #6: CPA and International Qualification Examinations, 12/31/2018

5976, VBOA Policy #7: Peer Review Oversight Committee, 12/31/2018

5977, VBOA Policy #8: Ethics Committee, 12/31/2018

5978, VBOA Policy #9: Active - CPE Exempt Status Procedure for Approval/Denial/Appeal, 12/31/2018

5979, VBOA Policy #10: Electronic Participation in Virginia Board of Accountancy Meetings, 12/31/2018

5980, Supplement to Adjudication Manual, 10/15/2015

6132, Education Handbook, 9/1/2017

6208, CPE Violation Penalties - Guidelines, 2/8/2018

6230, Non-CPE Violation Penalties - Guidelines, 6/14/2017

6259, CPE Credit for Certifications/Exams/Licensures, 6/21/2018

DEPARTMENT OF ACCOUNTS

Copies of the following documents may be viewed during regular work days from 8 a.m. until 5 p.m. in the office of the Department of Accounts, 101 North 14th Street, 2nd Floor, Richmond, VA 23219. Electronic copies are available online at the Department of Accounts website at http://www.doa.virginia.gov, and the respective document's specific web link is listed with the document title.

Questions regarding interpretation or implementation of these documents may be directed to Douglas N. Page, Director of Finance and Administration, telephone (804) 225-3136, or email doug.page@doa.virginia.gov.

Guidance Documents:

Agency Risk Management and Internal Control Standards (ARMICS) is updated routinely. This document provides risk management and internal control standards for state agencies and institutions.

Commonwealth Accounting Policies and Procedures (CAPP) Manual is updated routinely. This document provides accounting guidance for state agencies and institutions.

Financial Statement Directives and Authoritative Guidance is prepared annually. There are two documents: one for agencies and one for institutions that provide reporting requirements, which are necessary to compile the Comprehensive Annual Financial Report (CAFR) of the Comptroller as required by the Code of Virginia.

Fiscal Year-End Closing Procedures is prepared annually. This document provides guidance to agencies and institutions regarding requirements for fiscal year-end.

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

All guidance documents are available electronically at no charge from the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov or from the department website at http://www.dars.virginia.gov where indicated. Documents may be viewed during regular work days from 9 a.m. until 4 p.m. at the department's central office location at 8004 Franklin Farms Drive, Richmond Virginia 23229. Contact the individual listed on each individual document for more information. If no listing appears, contact Charlotte Arbogast, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093. Costs for printing hard copies of these documents vary with the document requested.

Guidance Documents:

4519, Virginia Guide to Supported Employment and Job Coach Training Services, 5/13/2015

4520, Consumer's Guide to Self-Employment, 7/1/2012

4525, Long Term Employment Support Services (LTESS) & Extended Employment Services (EES) Policy Manual, 12/1/2015

4531, Human Research Procedures Manual, 12/1/2011

4532, Personal Assistance Services Program Handbook, 9/12/2011

4540, State Plan for Independent Living, 9/1/2016

5079, Vendor Application for Licensed Behavioral Health Services Provider A1205 Guidance Document, 8/1/2014

5081, Guidance for Provision of Therapeutic Behavioral Services (TBS), 1/1/2017

5100, Virginia's State Plan for Aging (October 1, 2015 – September 30, 2019), 10/1/2015

5335, AS Assisted Living Facility Private Pay Assessment Manual, 12/1/2015

5343, AS Broadcast 5696 Revised Adult Protective Services (APS) Minimum Training Standards, 6/23/2009

5346, AS Auxiliary Grant Policy Manual Chapters A-L and Transmittals, 12/6/2018

5348, AS Assisted Living Facility Assessment Manual, 6/1/2016

6264, Licensed Behavioral Health Services Guidance and Fees Document, 10/1/2013

6494, Work Incentives Specialist Advocate (WISA) Manual, 10/17/2018

6495, VDA Aging Services Standards: All Standards Combined, 11/2/2018

6496, Pre-Employment Transition Services Manual, 11/8/2018

6497, Office of State Long-Term Care Ombudsman Policies and Procedures, 8/1/2018

6498, Senior Community Service Employment Program State Plan for Program Years 2016‑2019, 6/1/2018

6499, Board & Advisory Council Handbook for Virginia's Area Agencies on Aging, 12/23/2015

6500, Auxiliary Grant in Supportive Housing: Provider Operating Manual, 11/14/2018

6501, User's Manual: Uniform Assessment Instrument, 2/1/2017

6504, Assisted Living Facility Relocation Plan, 6/29/2018

4521, Vocational Evaluation Best Practices Manual, 10/28/1993

4522, DRS Policy and Procedure Manual, 12/3/2018

4526, 2016‑2020 Workforce Innovation and Opportunity Act Combined State Plan, 7/1/2018

4533, Personal Assistance Services Policy and Procedures Manual Chapters 1‑5, 1/1/2015

4534, Personal Assistance Services Policy and Procedures Manual Chapters 6‑14, 1/1/2015

4541, Centers for Independent Living General Policies and Procedures Manual, 1/10/2017

4545, Wilson Workforce and Rehabilitation Center Governance Manual, 11/8/2018

5082, Guidance for the Provision of Community Support Services (CSS), 8/1/2018

5158, VDA National Family Caregiver Support Guidance, 7/27/2017

5159, VDA Cost Sharing/Fee for Service Policy, 12/3/2013

5160, VDA Grants Manual, 1/24/2018

5161, VDA Farm Market Fresh for Seniors Handbook for Farmers, 3/1/2018

5162, Criminal Background Check Policy for Area Agencies on Aging and Subcontractors, 7/1/2017

5332, AS Broadcast 10640 State Median Income for Adult Services, 8/16/2017

5349, AS Adult Services Manual, Chapters 1‑9, 12/19/2018

DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES

Guidance documents are available at the Oliver W. Hill Building, 102 Governor Street, Richmond, VA or on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov. For information about guidance documents of the Department of Agriculture and Consumer Services, including their interpretation, please contact:

For guidance documents relating to dairy and foods, contact Ryan Davis at (804) 786-8899.

For guidance documents relating to meat and poultry, contact Barry Jones at (804) 786-4569.

For guidance documents relating to approved capture drugs, methods approved for animal euthanasia, commercial breeder guidelines, and the Animal Shelter Civil Penalty Matrix, contact Kathryn MacDonald at (804) 692-4001.

For guidance documents relating to avian influenza, contact Carolynn Bissett at (804) 786-2483.

For guidance documents relating to the Milk Commission, contact Crafton Wilkes at (804) 786-2013.

For guidance documents relating to agricultural stewardship, contact Darrell Marshall at (804) 786-3538.

For guidance documents relating to pesticides, contact Liza Fleeson Trossbach at (804) 371-6559.

For guidance documents relating to honey bees, contact Keith Tignor at (804) 786-3515.

For guidance documents relating to charitable gaming and charitable solicitations, contact Michael Menefee at (804) 786-3983.

For guidance documents relating to weights and measures (including motor fuel), contact Joel Maddux at (804) 786-1274.

For guidance documents relating to industrial coproducts, gypsy moths, or ginseng, contact Debra Martin at (804) 786-3515.

Costs associated with obtaining printed copies of these documents from the agency vary. Guidance documents are available electronically for no charge on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov.

Guidance Documents:

Charitable Gaming Board

4310, Progressive Games, 6/2/2010

4309, Use of Proceeds, 12/1/2012

4311, Electronic Pull-Tab Game Displays, Themes, and Sounds, 11/14/2012

Board of Agriculture and Consumer Services

750, Guidelines for the Virginia Ginseng Management Program, 12/16/2016

2552, Virginia Shipping Requirements for Package Bees and Queens, 12/16/2016

3255, Approved Capture Drugs and Drug Administering Equipment, 7/20/2009

3256, Methods Prescribed or Approved for Animal Euthanasia and Competency Certification Requirements, 5/20/2013

3747, Guidelines for Enforcement of the Virginia Weights and Measures Law - Civil Penalty Assessment Decision Matrix, 10/1/2008

3748, Guidelines for Enforcement of the Virginia Code Relating to Motor Fuels and Lubricating Oils - Civil Penalty Assessment Decision Matrix, 10/1/2008

4099, Office of Weights and Measures Technical Bulletin Number 2011-1 - Labeling of Motor Fuel Dispensers outside Reformulated Gasoline Areas, 6/1/2011

4100, Office of Weights and Measures Technical Bulletin Number 2011-2 - Advertisement Signs and Posted Signs with Taxes Included or Excluded and the Total Price Displayed at the Pump, 7/1/2011

4308, Office of Weights and Measures Technical Bulletin Number 2011-3 - Taxes Charged for the Purchase of Gasoline, Diesel, Off-Road Diesel, Heating Oil, and Kerosene, 7/1/2011

4307, Commercial Breeder Guidelines, 1/20/2009

4698, Health Spa Contract Requirements, 7/29/2010

5023, Agents of Virginia Cooperative Extension Program Proctoring Commercial Applicator Examinations, 7/3/2012

5024, Answering Telephone Requests for Pesticide Applicator or Pesticide Business License Examination Scores, 7/3/2012

5025, Applicator Recertification Options; Approval Procedures for Recertification Courses, 12/19/2018

5028, Commercial Carpet Cleaners Who Apply Pesticides for Flea and Tick Control, 7/3/2012

5029, Discontinuance Policy, 7/6/2012

5030, Division of Consumer Protection - Administrative Procedure for Compliance Actions, 8/7/2012

5031, Guidelines for Enforcement of the Virginia Pesticide Control Act; Civil Penalty Assessment Decision Matrix, 7/2/2012

5033, Product Registration - When Two Pesticide Products May Be Registered for a Single Fee, 9/29/2010

5034, Product Registration - Submission of 24c - Special Local Need Registration, 12/11/2014

5035, Production Registration - Submission of Labels, 12/11/2014

5036, Registration Label Review, 8/24/2017

5037, Supervision of Registered Technicians (Including Government Employees and Not-for-Hire Individuals, 12/19/2018

5328, Model Ordinance for Use by Localities in Their Regulation of Charitable Solicitations, 9/13/2013

5443, Office of Veterinary Services Guidance Documents, 12/18/2015

5617, A Guide to Virginia's Meat and Poultry Inspection Programs, 12/18/2015

5937, Obtaining State Meat and Poultry Inspection, 12/28/2015

5938, Meat and Poultry Establishment Design and Construction Guidebook, 12/28/2015

5941, Obtaining a Custom Permit of Exemption for a Meat or Poultry Establishment, 5/25/2016

6126, Virginia Livestock and Poultry Law and Related Regulations Civil Penalty Matrix, 12/8/2016

6127, Guidance for Determining Whether a Poultry Operation is Exempt from Inspection, 12/27/2016

6450, Certification of Individuals Treating Cooling Towers or Swimming Pools, 12/19/2018

6451, Guidelines for Home Manufactured Pet Foods/Treats, 12/19/2018

6476, Produce Safety Program Field Operations Manual, 12/26/2018

6479, Guidelines Governing Veterinary Protocols, 12/26/2018

1115, Industrial Coproducts Guidelines, 12/16/2016

1743, Agricultural Stewardship Act Guidelines, 4/1/2010

740, Dairy Services Procedure Manual, 8/15/2012

751, Virginia Cooperative Gypsy Moth Suppression Program, 2019 Guidelines, 12/19/2018

754, Food Safety Field Operations Manual, 12/22/2018

756, Virginia Entry Requirements for Honey Bee Hives and Appliances, 12/16/2016

OACER 2018-01, Guidelines Governing the Approval of Continuing Education Training for Animal Control Officers, 1/1/2018

OACER Civil Penalty, Office of Animal Care and Emergency Response - Civil Penalty Matrix - Guidelines for Enforcement, 5/24/2018

OPIS 2012-01, Guidelines for Beehive Distribution Program, 12/19/2018

OPS-AdminProc, Office of Pesticide Services - Administrative Procedure for Compliance Actions, 12/19/2018

OWM 2016-01, Handling of Diesel Exhaust Fluid Dispensed for Testing, 5/1/2016

OWM 2017-01, Guidelines for Approval of Public Weighmaster Licenses, 4/1/2017

State Milk Commission

2727, Virginia State Milk Commission Monthly Report Audit Manual, 11/27/2012

VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Copies of guidance documents may be viewed during regular work days from 8:15 a.m. until 5 p.m. at the office of the Virginia Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220. Copies may be obtained free of charge from and questions regarding interpretation or implementation of these documents may be directed to LaTonya D. Hucks-Watkins, Legal Liaison, at the same address, telephone (804) 213-4698, FAX (804) 213-4574, or email at latonya.hucks@abc.virginia.gov. Guidance documents are available electronically for no charge on the Virginia Regulatory Town Hall at www.townhall.virginia.gov.

Guidance Documents:

3394, Circular Letter 06-01; CO₂ Filters Provided to Retailers, 2/14/2006

3398, Circular Letter 07-01; Limitations on Wine and Beer Shippers, 4/23/2007

3400, Circular Letter 07-03; Expenditures by Manufacturers at Tasting Events, 6/29/2007

5949, Circular Letter 15-06; Temporary Extensions - Increase, 12/30/2015

5958, Circular Letter 16-01: Distillery Store Events, 2/2/2016

5983, Circular Letter 16-02: Wineries, Farm Wineries and Brewery Tasting Rooms, 3/23/2016

16-03, Circular Letter 16-03: Licensees with On-Premises and Mixed Beverage Privileges, 4/7/2016

Issued Quarterly, Licensee Newsletter - Spring 2003, 3/1/2003

Virginia Alcoholic Beverage Control
Board of Directors

1850, Virginia's Licensing Process; Brochure, 1/1/2002

1851, Retail Licensee Guide, 1/1/2001

1854, Circular Letter 84-3; Wholesaler Financial Interest, 1/1/1984

1855, Licensee Bulletin Vol.56, No.3; Types of Licenses, 1/1/2000

1856, Licensee Bulletin Vol. 56 , No. 4 - Operating a Licensed Club, 1/1/2000

1857, Wholesale Licensee Bulletin, 5/1/2014

1858, Circular Letter 84-4; Recordkeeping, 12/26/1984

1859, Circular Letter 85-5; Retail License Food Requirements, 3/26/1985

1860, Circular Letter 85-6; Wholesalers and Manufacturers Nonalcoholic Merchandise, 5/31/1985

1861, Circular Letter 87-1; Gifts and Contributions, 1/28/1987

1864, Circular Letter 88-3: Gifts of Money or Property, 9/7/1988

1866, Circular Letter 90-1; Information Exchange with Virginia Department of Taxation, 3/1/1990

1870, Circular Letter 94-1; Suspension of Licenses, 3/16/1994

1871, Circular Letter 98-1; Sponsoring Public Events, 1/1/1998

1872, Circular Letter 98-2; Wine Festivals, 2/1/1998

1873, Circular Letter 01-1: Cooperative Advertising - Alcoholic Beverages, 1/1/2001

1874, Circular Letter 01-2; Coupons, 2/1/2001

1876, Circular Letter 84-8; Retailer Shelf Space Plans, 12/26/1984

1881, Circular Letter 85-9; Cooperative Advertising of Nonalcoholic Merchandise, 1/1/1985

3397, Circular Letter 06-04; Solicitor Tasting Permits, 9/1/2006

3401, Circular Letter 07-04; Off-Premise Retail Delivery Permit, 7/1/2007

3402, Circular Letter 07-05; In-State Delivery Permit, 7/1/2007

3403, Circular Letter 07-08; Tasting Events, 12/15/2007

5750, Virginia ABC license Application, 9/3/2012

5805, Circular Letter 15-04; Special Events, 6/5/2015

5806, Circular Letter 15-03; Advertising Via Social Media, 8/4/2015

5807, Circular Letter 15-02; Limited Brewery Licenses - Process Guidance, 8/4/2015

5808, Circular Letter 15-01; Distilled Spirits - Table Service, 8/4/2015

5809, Circular Letter 14-03; Infusion of Distilled Spirits, 8/4/2015

5810, Circular Letter 14-02; Brewery Licenses - Interstate Transfer and Sale of Beer, 8/4/2015

5811, Circular Letter 14-01; Product Approval of Gift Packages, 8/4/2015

5812, Circular Letter 13-03; Brewery Licenses - Registration and Product Approval, 8/4/2015

5813, Circular Letter 13-01; Prices Charged to Wholesale Distributors by Wineries and Breweries, 8/4/2015

5814, Circular Letter 12-02; Purchase Orders, 8/4/2015

5815, Circular Letter 09-01; Wine and Beer Wholesaler Invoices, 8/4/2015

5817, Beer Wholesalers Letter 2015 - Monthly Reporting and Payment of Tax, 8/7/2015

5818, Wine Wholesalers - Monthly Reporting and Payment of Tax, 8/10/2015

5819, Farm Wineries - Records, Reporting and Taxes, 8/10/2015

5820, Vendors and Brokers - Supplier Manual, 8/10/2015

5850, Circular Letter 15-05; Delivery of Samples to Retail Licensees, 11/18/2015

6201, Brewery License Bulletin, 4/1/2014

17-01, Chanel Pricing for Retail Licensees Possessing both On-Premises and Off-Premises Privileges, 4/25/2017

17-02, Agency Liability for Delivery Permittees, 5/3/2017

1843, Farm Winery Remote - Festivals Bulletin, 7/19/2001

1847, Licensee Bulletin - Vol.56, No.1; Mixed Beverage Restaurant, 1/1/2000

COMMISSION ON VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

A copy of the following documents may be viewed on regular work days from 8:30 a.m. until 4:30 p.m. in the office of the Commission on Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219. Please call in advance to schedule an appointment. A copy may also be obtained free of charge by contacting Richard Foy at the same address, telephone (804) 786-5895, FAX (804) 786-6286, or email rfoy.vasap@state.va.us.

Questions regarding interpretation or implementation of these documents may be directed to Christopher Morris, Special Projects Coordinator, Commission on Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, FAX (804) 786-6286, or email cmorris.vasap@state.va.us.

Guidance Documents:

5959, Ignition Interlock Process and Procedure Manual, 2/3/2016

6276, VASAP Operational Guidelines, 12/5/2017

BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Copies of the following documents may be viewed during regular work days from 8:15 a.m. until 5 p.m. at the offices of the Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233. Copies may also be downloaded from the board's webpage at http://www.dhp.virginia.gov/aud and the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov or requested by email at audbd@dhp.virginia.gov. Questions regarding interpretation or implementation of these documents or requests for copies may be directed to Leslie L. Knachel, Executive Director of the Board, at the address provided or by telephone at (804) 367-4630. Copies are free of charge.

Guidance Documents:

http://www.dhp.virginia.gov/aud/aud_guidelines.htm

30-1, Sanctioning Reference Points; Instruction manual, revised November 3, 2011

30-2, Bylaws of the Board of Audiology and Speech-Language Pathology, readopted June 5, 2018

30-3, Board guidance on use of confidential consent agreements, readopted June 5, 2018

30-5, Board guidance on equivalent accrediting body for audiology educational programs, June 5, 2018

30-6, Board guidance on interpretation of active practice, revised September 8, 2016

30-8, Practice and the need for licensure as a speech-language pathologist, revised September 8, 2016

30-9, Continuing education audits and sanctions for failure to comply, revised July 11, 2017

30-10, Disposition of disciplinary cases for practicing on expired licenses, readopted June 5, 2018

30-11, Guidelines for processing applications, revised September 8, 2016

AUDITOR OF PUBLIC ACCOUNTS

Guidance Documents for the Auditor of Public Accounts (APA) may be viewed and downloaded at no charge on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov or on the APA's website at http://www.apa.virginia.gov/APA_Reports/guidelines.aspx.

Questions regarding interpretation or implementation of these documents may be directed to Rachel Reamy, Auditor, Auditor of Public Accounts, telephone (804) 225-3350 (ext. 360) or email rachel.reamy@apa.virginia.gov.

Guidance Documents:

ABC SPEC18, Specifications for Audits of Authorities, Boards, and Commissions, 7/18/2018

CCT SPEC18, Specifications for Audits of Counties, Cities, and Towns, 8/2/2018

GRAcct18, General Receiver Accounting Manual, 11/7/2018

Sheriffs18, Virginia Sheriffs Accounting Manual, 7/1/2018

UFRM18, Uniform Financial Reporting Manual, 11/14/2018

VIRGINIA DEPARTMENT OF AVIATION

For questions regarding the Airport Program Manual or to request a copy, please contact Susan Simmers with the Airport Services Division of the Virginia Department of Aviation (DOAV) at telephone (804) 236-3627, email susan.simmers@doav.virginia.gov, or postal mail at 5702 Gulfstream Road, Richmond, VA 23250.

This guidance document is available electronically for no charge on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov.

A printed copy of the Airport Program Manual may be viewed at the DOAV office at 5702 Gulfstream Road, Richmond, VA 23250. A printed copy may be obtained from DOAV at no charge.

Guidance Document:

Program Manual, Virginia Department of Aviation Airport Program Manual 2018, 11/15/2018

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Included in the detailed listing for each Department of Behavioral Health and Developmental Services (DBHDS) guidance document is the name and contact information of the staff person who can respond to interpretive or implementation questions. All departmental guidance documents are available electronically on the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov without charge. There may be a nominal charge if an individual requests that the department mail a paper copy of any of these documents. Any questions regarding the posting of any DBHDS guidance documents should be directed to Ruth Anne Walker, Regulatory Coordinator, email ruthanne.walker@dbhds.virginia.gov, telephone (804) 225-2252, or FAX (804) 786-8623.

Guidance Documents:

CSB 1, FY 2018 Community Services Performance Contract Renewal and Revision Cover Memo, 5/12/2017

CSB 1a, FY 2018 Community Services Performance Contract Renewal and Revision, 5/12/2017

CSB 1b, FY 2018 Community Services Performance Contract Administrative Requirements, 5/12/2017

CSB 1c, FY 2018 Community Services Performance Contract Renewal and Revision Partnership Agreement, 5/12/2017

CSB 2, Core Services Taxonomy 7.3, 6/30/2014

CSB 2a, Core Services Taxonomy - Updated, Appendix B, 9/22/2017

CSB 2b, Core Services Taxonomy ARTS Waiver Crosswalk, Appendix D, 9/22/2017

CSB 3, CCS 3 Extract Specifications Version 7.3.3, 7/1/2017

CSB MH-1, Discharge Protocols for Community Services Boards and State Mental Health Facilities, 11/15/2018

CSB MH-2, Discharge Assistance Program Manual, 7/1/2014

DD 1, 2018 Person-Centered ISP Guidance, 6/15/2018

FOR 1, Guidelines for the Management of Individuals Found Not Guilty By Reason of Insanity, 5/28/2003

FOR 2, List of Standardized Measures of Intellectual Functioning, 11/1/2016

FOR 3, Not Guilty By Reason of Insanity: Reference Manual for Community Services Boards or Behavioral Health Authorities, 1/15/2017

FOR 4, Adult Outpatient Competency Restoration Manual for Community Services Boards or Behavioral Health Authorities, 1/15/2017

HR 1, Office of Human Rights, Protocols, Procedures and Practices Manual, 1/30/2018

LIC 2, Licensing Intensive In-Home Guidance, 3/1/2011

LIC 5, Human Services and Related Fields Approved Degrees and Experience, 5/3/2013

LIC 6, Guidance for Selected Licensing Regulations, 11/25/2014

LIC 7, Case Management Crisis Plans, 6/5/2017

LIC 8, Fall Risk Assessments, 6/5/2017

LIC 9, Nutrition Guidelines and Form, 6/5/2017

LIC10, Guidance on Ceiling Height Requirements, 6/8/2017

LIC11, Medication Errors, 6/8/2017

LIC12, Guidance for Certificate of Use and Occupancy, 6/9/2017

LIC13, Approved Degrees in Human Services, 6/28/2017

LIC14, Office of Licensing Frequently Asked Questions (FAQs), 6/28/2017

LIC15-OL, Guidance for Counseling in Medication Assisted/Opioid Treatment Services, 3/1/2018

LIC16, Guidance for Quality Improvement Plan, 11/29/2018

LIC17, Guidance for Serious Incident Reporting, 11/29/2018

MH 1, Mandatory Outpatient Treatment Guidance, 8/15/2012

MH 1a, Mandatory Outpatient Treatment Guidance, 12/30/2016

MH 2, Medical Screening and Assessment Guidance, 4/1/2014

Part C 5, Child Indicators Booklet, 12/20/2018

Part C 8, Supporting Young Children with Autism Spectrum Disorders and their Families, 1/31/2012

Part C 9, Early Intervention Practice Manual, 12/28/2018

Part C 10, Transition from Part C to Part B Questions and Answers, 12/28/2018

Plan 1, Comprehensive State Plan 2016‑2022, 12/1/2016

DEPARTMENT FOR THE BLIND AND VISION IMPAIRED

Copies of the following documents may be viewed during regular work days from 8:15 a.m. until 4:30 p.m. at the administrative headquarters building of the Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227. Note that Policy and Procedures Directives are issued occasionally for the purpose of updating program service manuals. Copies of these documents, as well as those listed, may be obtained at a cost of $.10 per page by contacting Jessica Collette at the same address, telephone (804) 371-3145, FAX (804) 371-3157, or email jessica.collette@dbvi.virginia.gov.

Questions regarding the interpretation or implementation of these documents may be directed to Susan K. Davis, MS, CRC, Policy Coordinator, Department for the Blind and Vision Impaired, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3351, or email susan.davis@dbvi.virginia.gov.

Guidance Documents:

6477, DBVI VR Policy and Procedure Manual Large Print, 7/1/2018

DS-GM-17-06, Extended Services, Annual Reviews, and Sub-Minimum Wage Requirements, 12/12/2017

DS-GM-17-07, Client Pay Process for Low Vision Services for Individuals in the Rehabilitation Teaching/Independent Living Program, 12/12/2017

DS-GM-17-08, Updates to the iCanConnect Program, 12/12/2017

DS-GM-17-09, Rehabilitation Teaching/Independent Living Program Cost Containment Measures, 12/12/2017

DS-GM-18-01, DBVI Agency Policy Manual Category: General, 1/4/2018

DS-GM-18-02, DBVI Agency Policy Manual Category: Equipment and Supplies, 9/22/2018

DS-GM-18-03, DBVI Agency Policy Manual Category: Human Resources, 1/1/2018

DS-GM-18-04, Scripted Messages, 1/31/2018

DS-GM-18-05, Rehabilitation Teaching/Independent Living Income Guidelines for 2018, 1/7/2018

DS-GM-18-07, Older Blind Grant Program Evaluation, 4/9/2018

DS-GM-18-08, DBVI Agency Policy Manual Category: Human Resources, 4/27/2018

DS-GM-18-10, Guidance on Budget Restrictions for the Rehabilitation Teaching/Independent Living Program, 11/14/2018

DS-GM-18-11, DBVI Agency Policy Manual Category: General - Professional Boundaries, 11/6/2018

DS-PPD-17-03, DBVI Vocational Rehabilitation Manual Release, 12/12/2017

DS-PPD-17-2, DBVI Vocational Rehabilitation Manual Revisions, 12/12/2017

DS-PPD-18-01, Reciprocal Services Between Virginia Vocational Rehabilitation Agencies, 5/9/2018

DS-PPD-18-02, Rehabilitation Teaching/Independent Living Policy Voter Registration, 6/13/2018

DS-PPD-18-04, Vocational Rehabilitation Policy Manual Updates, 8/1/2018

DS-PPD-18-05, Vocational Rehabilitation Policy Order of Selection, 10/31/2018

PPD-18-03, Vocational Rehabilitation Policy Order of Selection, 6/25/2018

OFFICE OF CHILDREN'S SERVICES

Copies of the following documents may be viewed on regular work days between the hours of 8 a.m. and 4:30 p.m. at the Office of Children's Services, 1604 Santa Rosa Road, Suite 137, Richmond, VA 23229. Copies may be obtained free of charge by contacting Marsha Mucha at the same address, email marsha.mucha@csa.virginia.gov, telephone (804) 662-9815, or FAX (804) 662-9831. The documents are also available by using the links shown on the document list or may be accessed on the Office of Children's Services website at https://www.csa.virginia.gov/Resources/PolicyGuides.

Questions regarding interpretation or implementation of these documents may be directed to Scott Reiner, Executive Director, 1604 Santa Rosa Road, Suite 137, Richmond, VA 23229, telephone (804) 662-9815, FAX (804) 662-9831, or email scott.reiner@csa.virginia.gov.

Guidance Documents:

Policy Manual of the State Executive Council for Children's Services, revised July 2016, §§ 2.2-2648, 2.2-2649 and 2.2-5200 et seq.

User Guide for the Children's Services Act, revised September 2018, §§ 2.2-2648, 2.2-2649 and 2.2-5200 et seq.

CHRISTOPHER NEWPORT UNIVERSITY

Copies of the guidance documents may be viewed during regular work days from 9 a.m. until 4 p.m. in the Office of Institutional Research, Analysis and Reports, 1 Avenue of the Arts, Newport News, Virginia, 23606. Copies may be obtained free of charge by contacting Tamra McGrath at the same address, telephone (757) 594-7609, or email irar@cnu.edu. Copies are also available free of charge from the Virginia Regulatory Town Hall website at http://townhall.virginia.gov/L/GDocs.cfm. Questions regarding interpretation or implementation of these documents may also be directed to Tamra McGrath at the same address and contact points.

Guidance Documents:

Catalog_01, Undergraduate Catalog 2018‑2019, 12/18/2018

Catalog_02, Graduate Catalog 2018‑2019, 12/18/2018

Handbook_01, University Handbook 2018‑2019, 12/18/2018

Handbook_02, Student Handbook 2018‑2019, 12/18/2018

Handbook_03, Residence Life Handbook 2018‑2019, 12/18/2018

STATE BOARD FOR COMMUNITY COLLEGES

Copies of the following documents may be viewed during regular work days from 8 a.m. until 4:30 p.m. in the office of the Virginia Community College System, Arboretum III, 300 Arboretum Place, Suite 200, Richmond, VA 23236. Copies may be obtained by contacting Donna Swiney at the same address, telephone (804) 819-4910, or email dswiney@vccs.edu. The document may be downloaded from the Virginia Community College System (VCCS) homepage at http://www.vccs.edu.

Questions regarding interpretation or implementation of this document may be directed to Dr. Glenn DuBois, Chancellor, Virginia Community College System, Arboretum Place, Suite 200, Richmond, VA 23236, telephone (804) 819-4903, FAX (804) 819-4760, or email gdubois@vccs.edu.

Guidance Documents:

Virginia Community College System Policy Manual (approximately 319 pages) can be accessed online at http://www.boarddocs.com/va/vccs/board.nsf/public, revised November 15, 2014, §§ 23-214 through 23-231.1. A printed copy can be provided for $25.

The Workforce Innovation and Opportunity Act Guidance Documents:

Copies of Workforce Innovation and Opportunity Act (WIOA) guidance documents are available on the VCCS's website at http://www.elevatevirginia.org/practitioners-corner/resources/ or by contacting Yolanda Crewe, WIOA Programs Director, 300 Arboretum Place, Suite 200, Richmond, VA 23236, telephone (804) 819-3330, FAX (804) 819-1699, or email ycrewe@vccs.edu. Unless otherwise indicated, there is a $1.00 per document copying charge. Questions regarding interpretation or implementation of WIOA guidance documents may be directed to Yolanda Crewe. All WIOA guidance documents provide interpretive guidance for P.L. 105-220 and 20 CFR Part 652.

Virginia Board of Workforce Development Policy Statements:

The policy direction for local workforce development boards is issued by the Virginia Board of Workforce Development (VBWD). The VBWD assists and advises the Governor, the General Assembly, and the Chief Workforce Development Advisor in meeting workforce development needs in Virginia.

Virginia Board of Workforce Development Policies

Virginia Workforce Letters:

The Virginia Workforce Letters are an administrative policy document for local workforce development boards issued by the Virginia Community College System, the administrator of WIOA Title I for the Commonwealth of Virginia. The VCCS issues Virginia Workforce Letters to provide administrative guidance deemed necessary to implement the WIOA in Virginia.

Virginia Workforce Letters

Virginia WIOA Eligibility Guidelines:

The following are guidelines for determining WIOA eligibility for adults, dislocated workers, and youth:

VWL 15-02

Attachment A: WIOA Adult Eligibility

Attachment B: WIOA Dislocated Worker

Attachment C: WIOA Youth Eligibility

Attachment D: Verification and Documentation for WIOA Eligibility

Attachment E: Selective Service Requirements

Attachment F: Family Size/Family Income

Attachment G: Self-Certification and Telephone/Document Inspection Verification Requirements

Attachment H: WIOA Definitions for Title I Eligibility

Attachment I: WIOA Eligibility Checklist for Adults and Dislocated Workers

Attachment J: WIOA Eligibility Checklist for In-School Youth

Attachment K: WIOA Eligibility Checklist for Out of School Youth

DEPARTMENT OF CONSERVATION AND RECREATION

Copies of the following documents may be viewed during regular work days from 8:30 a.m. until 4:30 p.m. in the Policy Office of the Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219. The Policy Office serves as the central repository for the Department of Conservation and Recreation, the Board of Conservation and Recreation, the Virginia Soil and Water Conservation Board, the Virginia Cave Board, and the Virginia Land Conservation Foundation. In some cases, individual copies of certain documents may also be viewed at the department's regional offices or at Virginia State Parks.

Questions regarding availability, interpretation, or implementation of these documents may be directed to Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, or FAX (804) 786-6141. Other staff may be assigned by Ms. McGee to answer specific questions regarding these documents.

Guidance Documents:

DCR-BCR-003, A Guide to Citizen Involvement in the Scenic River Designation Process, 12/15/2015

Board of Conservation and Recreation

DCR-NH-064, Natural Heritage Resources of Virginia - Rare Animal Species, 2/1/2016

DCR-NH-065, The Natural Communities of Virginia: Ecological Groups and Community Types, 4/1/2017

DCR-NH-074, Virginia's Precious Heritage: A Report on the Status of Virginia's Natural Communities, Plants, and Animals, 12/1/200

DCR-NH-075, Natural Heritage Resources of Virginia - Rare Plants, 4/1/2018

DCR-PRR-001, 2013 Virginia Outdoors Plan, 1/12/2014

DCR-PRR-002, Virginia Recreational Trails Program, 12/26/2018

DCR-PRR-003, Land and Water Conservation Fund Application Manual 2017‑2018, 12/26/2018

DCR-PRR-010, Bear Creek State Park Master Plan, 2/25/2015

DCR-PRR-011, Belle Isle State Park Master Plan, 7/21/2017

DCR-PRR-012, Caledon State Park Master Plan, 7/21/2017

DCR-PRR-013, Chippokes State Park Master Plan, 4/1/2012

DCR-PRR-014, Claytor Lake State Park Master Plan, 12/29/2015

DCR-PRR-015, Douthat State Park Master Plan, 10/15/2014

DCR-PRR-016, False Cape State Park Master Plan, 6/15/2010

DCR-PRR-017, First Landing State Park Master Plan, 6/15/2010

DCR-PRR-018, Hungry Mother State Park Master Plan, 8/5/2015

DCR-PRR-019, James River State Park Master Plan, 10/15/2014

DCR-PRR-020, Kiptopeke State Park Master Plan, 8/5/2015

DCR-PRR-021, Lake Anna State Park Master Plan, 6/17/2011

DCR-PRR-022, Mason Neck State Park Master Plan, 7/21/2017

DCR-PRR-023, New River Trail State Park Master Plan, 3/23/2012

DCR-PRR-024, Natural Tunnel State Park Master Plan, 2/25/2015

DCR-PRR-025, Occoneechee State Park Master Plan, 7/17/2018

DCR-PRR-026, Pocahontas State Park Master Plan, 11/21/2017

DCR-PRR-027, Raymond R. Guest, Jr. Shenandoah River State Park Master Plan, 9/26/2012

DCR-PRR-028, Sailor's Creek Battlefield Historical State Park Master Plan, 10/15/2014

DCR-PRR-029, Sky Meadows State Park Master Plan, 9/2/2011

DCR-PRR-030, Smith Mountain Lake State Park Master Plan, 3/22/2011

DCR-PRR-031, Staunton River Battlefield State Park Master Plan, 12/29/2015

DCR-PRR-032, Wilderness Road State Park Master Plan, 7/7/2014

DCR-PRR-033, Grayson Highlands State Park Master Plan, 4/17/2017

DCR-PRR-034, Leesylvania State Park Master Plan, 6/15/2010

DCR-PRR-035, Holliday Lake State Park Master Plan, 7/7/2014

DCR-PRR-036, Twin Lakes State Park Master Plan, 7/7/2014

DCR-PRR-037, York River State Park Master Plan, 12/29/2015

DCR-PRR-038, Westmoreland State Park Master Plan, 7/21/2017

DCR-PRR-039, Fairy Stone State Park Master Plan, 4/17/2017

DCR-PRR-040, Powhatan State Park Master Plan, 8/6/2012

DCR-PRR-041, High Bridge Trail State Park Master Plan, 9/27/2012

DCR-PRR-042, Seven Bends State Park Master Plan, 8/6/2014

DCR-PRR-043, Widewater State Park Master Plan, 8/15/2014

DCR-PRR-044, Southwest Virginia Museum Historical State Park Master Plan, 9/2/2011

DCR-PRR-045, Middle Peninsula State Park Master Plan, 6/1/2015

DCR-PRR-046, Staunton River State Park Master Plan, 7/7/2014

DCR-PRR-047, Biscuit Run State Park Master Plan, 10/21/2013

DCR-VLCF-002, Virginia Land Conservation Foundation's 2017 Grant Program Manual, 5/24/2017

DCR-VLCF-003, Land Preservation Tax Credits - Conservation Value Review Criteria, 3/27/2009

DCR-VLCF-004, Procedural Guidelines for Land Conservation Tax Credits Conservation Value Review, 12/12/2006

DCR-VLCF-005, Virginia's Land Preservation Tax Credit Brochure, 12/27/2012

DCR-VLCF-006, Land Preservation Tax Credit Questions and Answers, 9/1/2012

DCR-VLCF-007, Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution, 10/27/2015

Virginia Soil and Water Conservation Board

DCR-VSWCB-018, Virginia Dam Safety, Flood Prevention and Protection Assistance Fund Loan and Grant Manual, 12/5/2018

DCR-VSWCB-019, Virginia Soil and Water Conservation Board Guidance, 9/7/2016

DCR-VSWCB-021, Guidance Document on Credits and Refunds of Dam Safety Certificate Application Fees, 11/30/2010

DCR-VSWCB-022, Guidance Document on Agricultural Exemption, 11/30/2010

DCR-VSWCB-023, Guidance Document on Roadways On or Below Impounding Structures, 11/30/2010

DCR-VSWCB-025, Guidance Document on Supplemental Environmental Projects, 10/27/2011

DCR-VSWCB-033, Financial Commitments For Establishment of a New Soil & Water Conservation District, or Realignment of an Existing District, 10/15/2003

DCR-VSWCB-036, Virginia Soil and Water Conservation Board Guidance Document on Freedom of Information Act Requirements for Resource Management Plans Program Implementation by Soil and Water Conservation District Boards and Technical Review Committees, 9/27/2018

DCR-VSWCB-037, Guidance Document on New Probable Maximum Precipitation Implementation, 3/29/2018

DCR-VSWCB-038, Dam Break Inundation Zone Modeling and Mapping Procedures, 9/27/2018

DCR-VSWCB-039, Impounding Structure Hazard Classification Procedures, 9/7/2016

DCR-VSWCB-040, The Determination of Insurance Levels in Accordance with § 10.1-605 of the Code of Virginia, 9/7/2016

DCR-VSWCB-041, Virginia Dam Safety Program Enforcement Manual, 9/7/2016

DCR-VSWCB-042, The Use of Overtopping Protection Systems on Existing Dams, 12/6/2017

DCR-VSWCB-043, Engineering Job Approval Authority Procedures, 12/6/2017

DCR-VSWCB-044, Virginia Soil and Water Conservation Board Guidance Document on the Tax Credit for Precision Agriculture Equipment, 4/19/2018

STATE CORPORATION COMMISSION

Office of the Clerk of the Commission

Copies of the following business entity and Uniform Commercial Code (UCC) forms and documents may be viewed during regular work days from 8:15 a.m. until 5 p.m. at the State Corporation Commission, Clerk's Office, 1st Floor, Tyler Building, 1300 East Main Street, Richmond, VA 23219. The mailing address is P.O. Box 1197, Richmond, VA 23218-1197. Copies may be obtained free of charge by contacting the Clerk's Office by telephone (804) 371-9733, toll-free in Virginia (866) 722-2551, or FAX (804) 371-9521. Most of the forms may be downloaded from the Clerk's Office section on the State Corporation Commission's website at http://www.scc.virginia.gov/clk.

Questions regarding interpretation or implementation of these forms and documents may be directed to Joel H. Peck, Clerk of the Commission, State Corporation Commission, 1st Floor, Tyler Building, 1300 East Main Street, Richmond, VA 23219, telephone (804) 371-9834, toll-free in Virginia (866) 722-2551, or FAX (804) 371-9912. The mailing address is P.O. Box 1197, Richmond, VA 23218-1197.

Guidance Documents:

For business entity forms, use the following link: http://www.scc.virginia.gov/clk/formfee.aspx

For UCC forms, use the following link: http://www.scc.virginia.gov/clk/uccfile.aspx

SCC 21.2, Expedited Service Request Form - Business Entity Filing, revised October 2017, § 12.1-21.2

SCC 21.2, Expedited Service Request Form - Business Entity Filing Instructions, revised January 16, 2017, § 12.1-21.2

SCC 544, Articles of Incorporation of a Virginia Professional Stock Corporation, revised July 2005, § 13.1-544

SCC 607/807, Guide for Articles of Correction for a Virginia Corporation, revised July 2008, §§ 13.1-607 and 13.1-807

SCC 615/815, Corporate Annual Registration Fee Notice, revised annually, §§ 13.1-615 and 13.1-815

SCC 619, Articles of Incorporation of a Virginia Stock Corporation, revised September 2015, § 13.1-619

SCC 631/830, Application for Reservation or for Renewal of Reservation of a Business Entity Name, revised July 2015, §§ 13.1-631, 13.1-830, 13.1-1013, 13.1-1215 and 50-73.3

SCC 632/831, Application for Registration or for Renewal of Registration of Corporate Name (Foreign Corporations), revised April 2016, §§ 13.1-632 and 13.1-831

SCC 635/834, Statement of Change of Registered Office or Registered Agent of a Corporation, revised April 2016, §§ 13.1-635, 13.1-764, 13.1-834 and 13.1-926

SCC 636/835, Statement of Resignation of Registered Agent of a Corporation, revised July 2010, §§ 13.1-636, 13.1-765, 13.1-835 and 13.1-927

SCC 710, Guide for Articles of Amendment - Virginia Stock Corporation, revised April 2008, § 13.1-710

SCC 710N, Articles of Amendment - Changing the Name of a Virginia Stock Corporation by Unanimous Consent of the Shareholders, revised July 2007, § 13.1-710

SCC 711, Guide for Articles of Restatement of a Virginia Stock Corporation, revised April 2017, § 13.1-711

SCC 720, Guide for Articles of Merger of a Virginia Stock Corporation, revised February 2017, § 13.1-720

SCC 722.4, Guide for Articles of Domestication (Foreign Stock Corporation Intending to Become a Virginia Stock Corporation), revised April 2008, § 13.1-722.4

SCC 722.5, Guide for Articles of Incorporation Surrender (Virginia Stock Corporation to be Domesticated under the Laws of Another Jurisdiction), revised July 2015, § 13.1-722.5

SCC 722.12-LLC, Guide for Articles of Entity Conversion (Virginia Stock Corporation Converting to a Virginia Limited Liability Company), revised November 2017, § 13.1-722.12

SCC 743, Articles of Dissolution (Virginia Stock Corporation), revised July 2007, § 13.1-743

SCC 744, Articles of Revocation of Dissolution (Virginia Stock Corporation), revised July 2007, § 13.1-744

SCC 750, Articles of Termination of Corporate Existence (Virginia Stock Corporation), revised July 2007, § 13.1-750

SCC 751, Articles of Termination of Corporate Existence (By the Initial Directors or the Incorporators of a Virginia Stock Corporation), revised July 2007, § 13.1-751

SCC 754P, Reinstatement Requirements Packet, §§ 13.1-754, 13.1-769.1, 13.1-916 and 13.1-931.1

SCC 759/921, Application for a Certificate of Authority to Transact Business in Virginia, revised June 2016, §§ 13.1-759 and 13.1-921

SCC 760/922, Application for an Amended Certificate of Authority to Transact Business in Virginia, revised August 2016, §§ 13.1-760 and 13.1-922

SCC 767/929, Application for a Certificate of Withdrawal of a Foreign Corporation Authorized to Transact Business in Virginia, revised April 2017, §§ 13.1-767 and 13.1-929

SCC 769.1/931.1P, Reentry Requirements Packet

SCC 819, Articles of Incorporation of a Virginia Nonstock Corporation, revised June 2014, § 13.1-819

SCC 819NP, Articles of Incorporation Template for a Virginia Nonstock, Nonprofit Corporation

SCC 888, Guide for Articles of Amendment - Nonstock Corporation, revised September 2011, § 13.1-888

SCC 888N, Articles of Amendment - Changing the Name of a Virginia Nonstock Corporation by Unanimous Consent of the Members or by the Directors without Member Action, revised July 2007, § 13.1-888

SCC 889, Guide for Articles of Restatement of a Virginia Nonstock Corporation, revised April 2008, § 13.1-889

SCC 896, Guide for Articles of Merger of a Virginia Nonstock Corporation, revised July 2009, § 13.1-896

SCC 898.4, Guide for Articles of Domestication (Foreign Nonstock Corporation Intending to Become a Virginia Nonstock Corporation), revised April 2008, § 13.1-898.4

SCC 898.5, Guide for Articles of Incorporation Surrender (Virginia Nonstock Corporation to be Domesticated under the Laws of Another Jurisdiction), revised July 2015, § 13.1-898.5

SCC 904, Articles of Dissolution (Virginia Nonstock Corporation), revised July 2007, § 13.1-904

SCC 905, Articles of Revocation of Dissolution (Virginia Nonstock Corporation), revised July 2007, § 13.1-905

SCC 912, Articles of Termination of Corporate Existence (Virginia Nonstock Corporation), revised July 2007, § 13.1-912

SCC 913, Articles of Termination of Corporate Existence (By the Initial Directors or the Incorporators of a Virginia Nonstock Corporation), revised July 2007, § 13.1-913

SCC 916P, Reinstatement Requirements Packet

Corporate Annual Report of Principal Office and Officers and Directors, revised annually, §§ 13.1-775 and 13.1-936

LPA-73.5, Statement of Change of Registered Office or Registered Agent of a Limited Partnership, revised April 2016, § 50-73.5

LPA-73.6, Statement of Resignation of Registered Agent of a Limited Partnership, revised July 2010, § 50-73.6

LPA-73.11, Certificate of Limited Partnership, revised July 2010, § 50-73.11

LPA-73.11:3, Certificate of Limited Partnership of a Domestic or Foreign Partnership Converting to a Virginia Limited Partnership, revised July 2010, § 50-73.11:3

LPA-73.12, Certificate of Amendment of a Certificate of Limited Partnership, revised July 2013, § 50-73.12

LPA-73.52:4, Certificate of Cancellation of a Virginia Limited Partnership, revised July 2010, § 50-73.52:4

LPA-73.52:7P, Reinstatement Requirements Packet, §§ 50-73.52:7 and 50-73.58:3

LPA-73.54, Application for a Certificate of Registration to Transact Business in Virginia as a Foreign Limited Partnership, revised July 2010, § 50-73.54

LPA-73.57, Amended Application for Registration as a Foreign Limited Partnership, revised July 2010, § 50-73.57

LPA-73.58, Application for a Certificate of Cancellation of a Foreign Limited Partnership Registered to Transact Business in Virginia, revised July 2013, § 50-73.58

LPA 73.58:3P, Reinstatement Requirements Packet

LPA-73.67, Limited Partnership - Annual Registration Fee Assessment Notice, revised annually, § 50-73.67

LPA-73.77, Amended and Restated Certificate of Limited Partnership, revised July 2010, § 50-73.77

LLC-1011, Articles of Organization of a Virginia Limited Liability Company, revised December 2017, § 13.1-1011

LLC-1011.1, Guide for Articles of Correction to the Articles of Organization of a Virginia Limited Liability Company, revised February 2013, § 13.1-1011.1

LLC-1014, Guide for Articles of Amendment - Virginia Limited Liability Company, revised April 2010, § 13.1-1014

LLC-1014N, Articles of Amendment - Changing the Name of a Virginia Limited Liability Company - By the Members, revised February 2015, § 13.1-1014

LLC-1014.1, Guide for Articles of Restatement of the Articles of Organization of a Virginia Limited Liability Company, revised April 2010, § 13.1-1014.1

LLC-1016, Statement of Change of Registered Office or Registered Agent of a Limited Liability Company, revised July 2016, § 13.1-1016

LLC-1017, Statement of Resignation of Registered Agent of a Limited Liability Company, revised July 2010, § 13.1-1017

LLC-1018.1, Statement of Change of the Principal Office Address of a Limited Liability Company, revised April 2010, § 13.1-1018.1

LLC-1050, Articles of Cancellation of a Virginia Limited Liability Company, revised November 2017, § 13.1-1050

LLC-1050.4P, Reinstatement Requirements Packet, §§ 13.1-1050.4 and 13.1-1056.3

LLC-1052, Application for a Certificate of Registration to Transact Business in Virginia as a Foreign Limited Liability Company, revised June 2016, § 13.1-1052

LLC-1055, Amended Application for Registration as a Foreign Limited Liability Company, revised August 2016, § 13.1-1055

LLC-1056, Application for a Certificate of Cancellation of a Foreign Limited Liability Company Registered to Transact Business in Virginia, revised May 2016, § 13.1-1056

LLC 1056.3P, Reinstatement Requirements Packet

LLC-1062, Limited Liability Company Annual Registration Fee Assessment Notice, revised annually, § 13.1-1062

LLC-1077, Guide for Articles of Domestication (Foreign Limited Liability Company Intending to Become a Virginia Limited Liability Company), revised August 2016, § 13.1-1077

LLC-1078, Guide for Articles of Organization Surrender (Virginia Limited Liability Company to be Domesticated under the Laws of Another Jurisdiction), revised August 2016, § 13.1-1078

LLC1085-CORP, Guide for Articles of Entity Conversion (Virginia Limited Liability Company Converting to a Virginia Stock Corporation), revised July 2016, § 13.1-1085

LLC1085-PART, Guide for Articles of Entity Conversion (Virginia Partnership or Limited Partnership Converting to a Virginia Limited Liability Company), revised July 2016, § 13.1-1085

LLC-1103, Articles of Organization for a Virginia Professional Limited Liability Company, revised December 2017, § 13.1-1103

UPA-93, Statement of Partnership Authority, revised April 2015, § 50-73.93

UPA-94, Statement of Denial for a Partnership, revised July 2010, § 50-73.94

UPA-115, Statement of Dissociation from a Partnership, revised July 2010, § 50-73.115

UPA-121, Statement of Dissolution of a Partnership, revised July 2010, § 50-73.121

UPA-83D-CANC, Cancellation of Partnership Statement, revised July 2010, § 50-73.83 D

UPA-83D-AMEND, Amendment to Partnership Statement, revised July 2010, § 50-73.83 D

UPA-83D-RENEW, Renewal of a Statement of Partnership Authority, revised July 2010, § 50-73.83 D

UPA-132, Statement of Registration as a Virginia Registered Limited Liability Partnership, revised July 2010, § 50-73.132

UPA-134, Annual Continuation Report of a Virginia or Foreign Registered Limited Liability Partnership, revised annually, § 50-73.134

UPA-134P, Restoration Requirements Packet, § 50-73.134

UPA-135, Certificate of Change of Registered Office or Registered Agent of a Registered Limited Liability Partnership, revised April 2016, § 50-73.135

UPA-135-RESIGN, Certificate of Resignation of Registered Agent of a Registered Limited Liability Partnership, revised July 2010, § 50-73.135

UPA-136, Statement of Amendment of a Statement of Registration of a Virginia or Foreign Registered Limited Liability Partnership, revised July 2010, § 50-73.136

UPA-137, Statement of Cancellation of a Statement of Registration of a Virginia Registered Limited Liability Partnership, revised July 2010, § 50-73.137

UPA-138, Statement of Registration as a Foreign Registered Limited Liability Partnership, revised July 2010, § 50-73.138

UPA-139, Statement of Cancellation of Registration as a Foreign Registered Limited Liability Partnership, revised July 2010, § 50-73.139

BTA 1212, Articles of Trust of a Domestic Business Trust, revised July 2005, § 13.1-1212

BTA 1213, Guide for Articles of Correction to the Articles of Trust of a Domestic Business Trust, revised April 2008, § 13.1-1213

BTA 1216, Guide for Articles of Amendment to the Articles of Trust of a Domestic Business Trust, revised April 2008, § 13.1-1216

BTA 1217, Guide for Articles of Restatement of the Articles of Trust of a Domestic Business Trust, revised April 2008, § 13.1-1217

BTA 1221, Statement of Change of Registered Office or Registered Agent of a Business Trust, revised April 2016, § 13.1-1221

BTA 1222, Statement of Resignation of Registered Agent of a Business Trust, revised July 2010, § 13.1-1222

BTA 1238, Articles of Cancellation of a Virginia Business Trust, revised April 2009, § 13.1-1238

BTA 1239P, Reinstatement Requirements Packet, §§ 13.1-1239 and 13.1-1246.3

BTA 1242, Application for a Certificate of Registration to Transact Business in Virginia as a Foreign Business Trust, revised April 2009, § 13.1-1242

BTA 1245, Amended Application for Registration as a Foreign Business Trust, revised April 2009, § 13.1-1245

BTA 1246, Application for a Certificate of Cancellation of a Foreign Business Trust Registered to Transact Business in Virginia, revised July 2013, § 13.1-1246

BTA 1246.3P, Reinstatement Requirements Packet

BTA 1251, Business Trust Annual Registration Fee Assessment Notice, revised annually, § 13.1-1251

SOP-19.1, Service of Process, Notice, Order or Demand on the Clerk of the State Corporation Commission as Statutory Agent, revised December 2017, § 12.1-19.1

SOP-19.1, Service of Process, Notice, Order or Demand on the Clerk of the State Corporation Commission as Statutory Agent Instructions, revised December 4, 2017, § 12.1-19.1

UCC1, UCC Financing Statement, revised April 20, 2011, § 8.9A-509

UCC1Ad, UCC Financing Statement Addendum, revised April 20, 2011, § 8.9A-509

UCC1AP, UCC Financing Statement Additional Party, revised August 22, 2011, § 8.9A-509

UCC3, UCC Financing Statement Amendment, revised April 20, 2011, § 8.9A-512

UCC3Ad, UCC Financing Statement Amendment Addendum, revised April 20, 2011, § 8.9A-512

UCC3AP, UCC Financing Statement Amendment Additional Party, revised August 22, 2011, § 8.9A-512

UCC5, Information Statement, revised July 19, 2012, § 8.9A-518

UCC11, Information Request, revised July 19, 2012, 5VAC5-30-40

Annual Corporation Requirements, revised March 2008, §§ 13.1-775, 13.1-775.1, 13.1-936 and 13.1-936.1

Charter Fee or Entrance Fee Scheduled for Domestic and Foreign Corporations, revised March 2008, §§ 13.1-615.1, 13.1-616, 13.1-815.1 and 13.1-816

Notice to Virginia Corporations, revised June 2014, § 13.1-601 et seq. and § 13.1-801 et seq.

Notice to Foreign Corporations, revised June 2014, § 13.1-757 et seq. and § 13.1-919 et seq.

Notice to Virginia Limited Liability Companies, revised March 2013, § 13.1-1000 et seq.

Notice to Foreign Limited Liability Companies, revised March 2013, § 13.1-1051 et seq.

EINFRM, Request for Refund, revised December 2013, §§ 13.1-615, 13.1-815, 13.1-1065, 13.1-1255, 50-73.70 and 50-73.83

Frequently Asked Questions Regarding:

Annual Registration Fees, http://scc.virginia.gov/clk/befaq/an_regfees.aspx

Annual Reports, http://scc.virginia.gov/clk/befaq/an_repts.aspx

Business Entity Names, http://scc.virginia.gov/clk/befaq/name.aspx

Fictitious Names, http://scc.virginia.gov/clk/befaq/fict.aspx

Foreign Business Entities, http://scc.virginia.gov/clk/befaq/forinva.aspx

Registered Agents, http://scc.virginia.gov/clk/befaq/ra.aspx

SCC eFile, http://scc.virginia.gov/clk/befaq/sccefile.aspx

Virginia Nonstock Corporations, http://scc.virginia.gov/clk/befaq/vanon.aspx

Uniform Commercial Code, http://scc.virginia.gov/clk/uccfaq.aspx

Division of Public Utility Regulation

Copies of the following documents may be viewed during regular work days from 8:15 a.m. until 5 p.m. in the office of the State Corporation Commission, Division of Public Utility Regulation, 4th Floor, Tyler Building, 1300 East Main Street, Richmond, VA 23219. The mailing address is P.O. Box 1197, Richmond, VA 23218. Contact Kelli Gravely at the same address, telephone (804) 371-9611, FAX (804) 371-9350, or email kelli.gravely@scc.virginia.gov. Questions regarding interpretation or implementation of these documents may also be directed to Kelli Gravely. Additional information regarding the Division of Public Utility Regulation may be obtained at http://www.scc.virginia.gov/pur.

Communications Related Guidance Documents:

Letter, Division of Public Utility Regulation, dated December 4, 2018, Concerning Annual Payphone Service Provider Registration for 2019 including the letter and the forms for the payphone service provider annual registration, 20VAC5-407. Contact the Division of Public Utility Regulation at (804) 371-9611.

Letter, Division of Public Utility Regulation, dated December 4, 2018, Concerning Annual Operator Service Provider Registration for 2019 including the letter and the forms for the operator service provider annual registration, 20VAC5-407. Contact the Division of Public Utility Regulation at (804) 371-9611.

Application for Registration as an Operator Service Provider, Revised December 2016, 20VAC5-407, http://scc.virginia.gov/publicforms/149/osp.pdf

Application for Registration as a Payphone Service Provider, Revised December 2016, 20VAC5-407, http://scc.virginia.gov/publicforms/147/psp.pdf

Instructions and Form for Competitive Local Exchange Carrier Performance or Surety Bond, http://scc.virginia.gov/publicforms/510/bond_blank.doc

Energy Related Guidance Documents:

Memorandum to All Electric Utilities regarding underground electric distribution facilities, July 10, 1970, § 56-265.1 et seq., http://www.scc.virginia.gov/pur/docs/und_dist.pdf

Tree Trimming Guidelines, September 1, 1996, House Joint Resolution No. 155 - 1989 Acts of Assembly, http://www.scc.virginia.gov/pur/docs/tree.pdf

Guidelines regarding application requirements for a certificate of public convenience and necessity for water and sewerage utilities, November 1, 2006, § 56-265.1 et seq., http://www.scc.virginia.gov/pur/docs/ws.pdf

Letter to All Electric and Gas Utilities regarding collection of monthly bills (cold weather - termination of service) and filing of complaint procedures, November annually, § 56-247.1, http://www.scc.virginia.gov/pur/docs/cold.pdf

Form NMIN, Agricultural Net Metering or Net Metering Interconnection Notification, revised December 28, 2015, 20VAC5-315, http://www.scc.virginia.gov/publicforms/153/notification.pdf

Electric Utility Integrated Resource Planning Guidelines, revised December 23, 2008, §§ 56-597, 56-598 and 56-599, http://www.scc.virginia.gov/pur/docs/irp.pdf

Gas Utility Five-Year Forecast Information Requirements, revised August 2016, § 56-248.1, http://www.scc.virginia.gov/pur/docs/forecast.pdf

Guidelines Regarding Notice Information for a Third Party Renewable Power Purchase Agreement, December 2013, Chapter 382 of the 2013 Acts of Assembly, and Chapter 803 of the 2017 Acts of Assembly, http://www.scc.virginia.gov/pur/pilot.aspx

Guidelines of Minimum Requirements for Transmission Line Applications Filed Under Title 56 of the Code of Virginia, effective January 1, 2018, http://www.scc.virginia.gov/pur/docs/TransGuidelines.pdf

Staff Guidance on Ordinary versus Non-Ordinary Extension Projects, effective January 1, 2018, http://www.scc.virginia.gov/pur/docs/StaffGuidanceOrdvsNonOrd.pdf

Guidelines Regarding Electric Power Storage Battery Pilot Programs, effective November 26, 2018. Contact the Division of Public Utility Regulation at (804) 371-9611.

Guidelines for Public School Excess Wind Solar Renewable Generation Pilot Programs, effective November 26, 2018. Contact the Division of Public Utility Regulation at (804) 371-9611.

Bureau of Financial Institutions

Copies of the following documents may be viewed during regular work days from 8:15 a.m. until 5 p.m. in the office of the State Corporation Commission, Bureau of Financial Institutions, Tyler Building, 8th Floor, 1300 East Main Street, Richmond, VA 23219. The mailing address is P.O. Box 640, Richmond, VA 23218-0640. Copies may be obtained free of charge by contacting the bureau at the same address, telephone (804) 371-9657, FAX (804) 371-9416, or email bfiquestions@scc.virginia.gov.

Questions regarding interpretation or implementation of these documents may be directed to E. J. Face, Jr., Commissioner of Financial Institutions, Bureau of Financial Institutions, Tyler Building, 8th Floor, 1300 East Main Street, Richmond, VA 23219, telephone (804) 371-9659, FAX (804) 371-9416, or email bfiquestions@scc.virginia.gov. The mailing address is P.O. Box 640, Richmond, VA 23218-0640. Guidance documents and other information are available online at the bureau's website at https://www.scc.virginia.gov/bfi/.

Administrative Letters: https://www.scc.virginia.gov/bfi/files/admin_lets.pdf

Banks

BFI-AL-0201, Application for a Branch Office, revised and reissued June 1, 2011, §§ 6.2-831 and 6.2-1133 of the Code of Virginia

BFI-AL-0202, Investment by Banks in Shares of Investment Companies, issued August 10, 1987, § 6.2-874 of the Code of Virginia

BFI-AL-0203, Loans Secured by Stock of Financial Institutions Holding Companies, revised and reissued June 1, 2011, §§ 6.2-874, 6.2-1186 and 6.2-1187 of the Code of Virginia

BFI-AL-0204, Investment in Community Development Corporations, revised and reissued April 20, 2016, § 6.2-874 of the Code of Virginia

BFI-AL-0205, Securities Rating Services, revised and reissued February 26, 2014, § 6.2-875 of the Code of Virginia

BFI-AL-0206, Loans in Violation of § 6.2-875, revised and reissued June 1, 2011, § 6.2-875 of the Code of Virginia

BFI-AL-0207, Obligations Subject to the Limits Specified, revised and reissued June 1, 2011, § 6.2-875 of the Code of Virginia

BFI-AL-0208, Exceptions to Lending Limits for State-Chartered Banks, revised and reissued June 1, 2011, § 6.2-875 of the Code of Virginia

BFI-AL-0209, Right of Offset by Holders of Subordinated Bank Debt, revised and reissued June 1, 2011, §§ 6.2-875 and 6.2-890 of the Code of Virginia

BFI-AL-0210, Loans Secured by Real Estate, revised and reissued June 1, 2011, §§ 6.2-878 and 6.2-879 of the Code of Virginia

BFI-AL-0212, Outside Auditor Access to Virginia Examination Reports, revised and reissued June 1, 2011, §§ 6.2-904 and 6.2-1195 of the Code of Virginia

BFI-AL-0214, Responsibility of Directors for Legal Lending Limit Violations, revised and reissued June 1, 2011, § 6.2-875 H of the Code of Virginia

BFI-AL-0215, Bank-Owned Life Insurance, revised and reissued June 1, 2011, §§ 6.2-808, 6.2-814 A, 13.1-627 A 14, 13.1-627 A 15, and 38.2-302 A 3 of the Code of Virginia

BFI-AL-0216, Payment of Dividends, issued March 27, 2012, §§ 6.2-869 and 6.2-708 of the Code of Virginia

Savings Institutions

BFI-AL-0201, Application for a Branch Office, revised and reissued June 1, 2011, §§ 6.2-831 and 6.2-1133 of the Code of Virginia

BFI-AL-0203, Loans Secured by Stock of Financial Institutions Holding Companies, revised and reissued June 1, 2011, §§ 6.2-874, 6.2-1186 and 6.2-0187 of the Code of Virginia

BFI-AL-0212, Outside Auditor Access to Virginia Examination Reports, revised and reissued June 1, 2011, §§ 6.2-904 and 6.2-1195 of the Code of Virginia

BFI-AL-0301, Investment in Capital Stock of USL Savings Institutions Insurance Group, Ltd., revised and reissued June 1, 2011, §§ 6.2-1110 and 6.2-1186 A 22 of the Code of Virginia

BFI-AL-0303, Investment by Virginia Savings Institutions in Shares of Open-End Management Investment Companies, revised and reissued June 1, 2011, § 6.2-1186 A 21 of the Code of Virginia

Credit Unions

BFI-AL-0401, Investments of Funds by Credit Unions, revised and reissued February 22, 2017, § 6.2-1376 of the Code of Virginia

BFI-AL-0402, Third Parties that Provide Data Processing Services to Credit Unions, issued February 13, 2018, Chapter 13 (§ 6.2-1300 et seq.) of Title 6.2 of the Code of Virginia

Interest and Usury

BFI-AL-0701, Judgment Rate of Interest, revised and reissued June 1, 2011, § 6.2-302 of the Code of Virginia

BFI-AL-0702, Charges on Subordinate Mortgage Loans by Certain Lenders, revised and reissued June 1, 2011, § 6.2-327 of the Code of Virginia

BFI-AL-0703, Rebate of Unearned Installment Loan Interest by Banks - Rule of 78, revised and reissued June 1, 2011, §§ 6.2-401, 6.2-403, 6.2-423 and 6.2-1409 of the Code of Virginia

Mortgage Lenders and Brokers

BFI-AL-1603, Compensating, or Offering to Compensate, Unlicensed Mortgage Brokers, revised and reissued June 1, 2011, § 6.2-1600 of the Code of Virginia

BFI-AL-1605, Compensation of Unlicensed Mortgage Brokers, revised and reissued June 1, 2011, § 6.2-1625 of the Code of Virginia

BFI-AL-1606, Charging "Assignment Fees" to Borrowers, revised and reissued June 1, 2011, § 6.2-326 of the Code of Virginia

BFI-AL-1607, Fees Charged by Mortgage Brokers, revised and reissued June 1, 2011, § 6.2-1616 B 4 of the Code of Virginia

BFI-AL-1610, Prepayment Penalties in Alternative Mortgage Transactions, revised and reissued June 1, 2011, §§ 6.2-422 and 6.2-423 of the Code of Virginia

BFI-AL-1611, Nontraditional Mortgage Products, revised and reissued June 1, 2011

Payday Lenders

BFI-AL-1802, Threatening Criminal Proceedings, revised and reissued June 1, 2011, § 6.2-1816 of the Code of Virginia

Forms:

Banks: https://www.scc.virginia.gov/bfi/applic/banks.aspx

Bank Directors Responsibilities, revised October 2010

CCB-1117, Bank Directors Responsibilities Certification, revised October 2010

CCB-1121, Application of a New Bank or a New Savings and Loan Association for a Certificate of Authority to Begin Business in Virginia, revised October 2010

CCB-1122, Oaths of Bank of Savings Institution Directors, revised January 2000, https://www.scc.virginia.gov/bfi/reg_inst/repts.aspx

CCB-1122a, Oath of Bank of Savings Institution Director, revised January 2000, https://www.scc.virginia.gov/bfi/reg_inst/repts.aspx

CCB-1123, Personal Financial Report and Disclosure Statement, revised September 2012

CCB-1125, Application of a Virginia Bank to Establish a Branch, revised October 2010

CCB-1126, Application to Change the Location of a Main Office or Branch Pursuant to Title 6.2 of the Code of Virginia, revised October 2010

CCB-1127, Application by a Bank to Engage in the Trust Business Pursuant to Title 6.2, Chapter 8, Article 3 of the Code of Virginia, revised October 2010

CCB-1128, Application for Approval of Merger Pursuant to Title 6.2 of the Code of Virginia, revised October 2010

CCB-1129, Application of a Subsidiary Trust Company for a Certificate of Authority to Begin Business Pursuant to Title 6.2, Chapter 10, Article 3 of the Code of Virginia, revised October 2010

CCB-1131, Application of an Interim Institution to Begin Business in Virginia, revised October 2010

CCB-1137, Application for Permission to Acquire Voting Shares of a Virginia Financial Institution Pursuant to § 6.2-704 A of the Code of Virginia, revised August 2016

CCB-1137A, Consent to Service of Process, revised October 2010

CCB-1138, Notice of Intent to Acquire a Bank Outside Virginia Pursuant to § 6.2-715 of the Code of Virginia, revised October 2010

CCB-1139, Application to Acquire a Virginia Bank Holding Company or Virginia Bank Pursuant to Title 6.2, Chapter 7 of the Code of Virginia, revised October 2010

CCB-1140, Oath of Office of Organizing Directors of Financial Institutions, revised October 2010

CCB-1143, Limited Personal Financial Report and Disclosure Statement, revised September 2012

CCB-1144, Application of a Bank Holding Company to Acquire a Federal Savings Institution Pursuant to § 6.2-1146 of the Code of Virginia, revised October 2010

CCB-1146, Application to Convert Pursuant to Title 6.2 of the Code of Virginia, revised October 2010

CCB-1147, Certification - Interagency Biographical and Financial Report, revised April 1998

CCB-1150, Employment and Business Affiliation Disclosure Form, revised October 2010

CCB-9905, Application to Establish a Trust Office, revised October 2010

Savings Institutions: https://www.scc.virginia.gov/bfi/applic/sav.aspx