Virginia Register of Regulations, Vol. 38 Iss. 24 Jul 18, 2022

REGISTER INFORMATION PAGE
Vol. 38 Iss. 24 - July 18, 2022

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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

Unless exempted by law, an agency wishing to adopt, amend, or repeal regulations must follow the procedures in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Typically, this includes first publishing 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 proposed regulation 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 of Regulations 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 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 the final regulation contains changes made after publication of the proposed regulation that 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. Pursuant to § 2.2-4007.06 of the Code of Virginia, any person may request that the agency solicit additional public comment on certain changes made after publication of the proposed regulation. The agency shall suspend the regulatory process for 30 days upon such request from 25 or more individuals, 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 alternative to the standard process set forth in the Administrative Process Act for regulations deemed by the Governor to be noncontroversial. To use this process, the Governor's concurrence is required and advance notice must be provided to certain legislative committees. Fast-track regulations become effective on the date noted in the regulatory action if fewer than 10 persons object to using the process in accordance with § 2.2-4012.1.

EMERGENCY REGULATIONS

Pursuant to § 2.2-4011 of the Code of Virginia, an agency may adopt emergency regulations if necessitated by an emergency situation or when Virginia statutory law or the appropriation act or federal law or federal regulation requires that a regulation be effective in 280 days or fewer from its enactment. In either situation, approval of the Governor is required. The emergency regulation is effective upon its filing with the Registrar of Regulations, unless a later date is specified per § 2.2-4012 of the Code of Virginia. Emergency regulations are limited to no more than 18 months in duration; however, may be extended for six months under the circumstances noted in § 2.2-4011 D. Emergency regulations are published as soon as possible in the Virginia Register and are on the Register of Regulations website at register.dls.virgina.gov.

During the time the emergency regulation is in effect, the agency may proceed with the adoption of permanent regulations in accordance with the Administrative Process Act. 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; Marcus B. Simon, Vice Chair; Ward L. Armstrong; Nicole Cheuk; Leslie L. Lilley; Jennifer L. McClellan; Christopher R. Nolen; Steven Popps; Don L. Scott, Jr.; Charles S. Sharp; Malfourd W. Trumbo; Amigo R. Wade; Wren M. Williams.

Staff of the Virginia Register: Holly Trice, 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. 38 Iss. 24 - July 18, 2022

August 2022 through August 2023

Volume: Issue	Material Submitted By Noon*	Will Be Published On
38:25	July 13, 2022	August 1, 2022
38:26	July 27, 2022	August 15, 2022
39:1	August 10, 2022	August 29, 2022
39:2	August 24, 2022	September 12, 2022
39:3	September 7, 2022	September 26, 2022
39:4	September 21, 2022	October 10, 2022
39:5	October 5, 2022	October 24, 2022
39:6	October 19, 2022	November 7, 2022
39:7	November 2, 2022	November 21, 2022
39:8	November 14, 2022 (Monday)	December 5, 2022
39:9	November 30, 2022	December 19, 2022
39:10	December 13, 2022 (Tuesday)	January 2, 2023
39:11	December 27, 2022 (Tuesday)	January 16, 2023
39:12	January 11, 2023	January 30, 2023
39:13	January 25, 2023	February 13, 2023
39:14	February 8, 2023	February 27, 2023
39:15	February 22, 2023	March 13, 2023
39:16	March 8, 2023	March 27, 2023
39:17	March 22, 2023	April 10, 2023
39:18	April 5, 2023	April 24, 2023
39:19	April 19, 2023	May 8, 2023
39:20	May 3, 2023	May 22, 2023
39:21	May 17, 2023	June 5, 2023
39:22	May 31, 2023	June 19, 2023
39:23	June 14, 2023	July 3, 2023
39:24	June 28, 2023	July 17, 2023
39:25	July 12, 2023	July 31, 2023
39:26	July 26, 2023	August 14, 2023

*Filing deadlines are Wednesdays unless otherwise specified.

PETITIONS FOR RULEMAKING
Vol. 38 Iss. 24 - July 18, 2022

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Agency Decision

Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.

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

Name of Petitioner: Michael J. Schultz.

Nature of Petitioner's Request: The petitioner requests that the board amend its regulations to (i) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to patients or prospective patients if those individuals or their accompanying representatives refuse to wear masks; (ii) prohibit physicians, podiatrists, and chiropractors from enforcing any requirements for patients, prospective patients, or patient representatives to wear masks to receive medical care, including when following policies of insurers or organizations or when following guidance issued by the Centers for Disease Control and Prevention, local health departments, or the Virginia Department of Health; (iii) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to any patient or prospective patient based on the vaccination status of the patient or the patient's representative for any COVID-19 vaccine or for any vaccine under Emergency Use Authorization status; and (iv) prohibit physicians, podiatrists, and chiropractors from refusing to provide medical care to any patient or prospective patient who refuses to disclose whether they have received any vaccine, including any COVID-19 vaccine.

Agency Decision: Request denied.

Statement of Reason for Decision: The board considered the petition at its June 16, 2022, meeting, and decided it would take no action. Regulating the business decisions of practices, health systems, and hospitals is beyond the board's jurisdiction. The board has no authority over health system or hospital policy and will not categorically penalize practitioners for following directives of those organizations. Additionally, the board wishes to preserve physician autonomy, particularly the medical judgment of practitioners, in ways that are in the best interests of public health or individual patients.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. PFR22-28; Filed June 16, 2022, 12:05 p.m.

Agency Decision

Title of Regulation: 18VAC85-150. Regulations Governing the Practice of Behavior Analysis.

Statutory Authority: §§ 54.1-2400 and 54.1-2957.16 of the Code of Virginia.

Name of Petitioner: Michael Moates.

Nature of Petitioner's Request: Remove the specific requirement for Behavior Analyst Certification Board certification and accept certification from an entity that is nationally accredited to certify practitioners of behavior analysis.

Agency Decision: Request granted.

Statement of Reason for Decision: At its meeting on June 16, 2022, the board voted to initiate a rulemaking to amend 18VAC85-150-60 to comply with the language in § 54.1-2957.16 B of the Code of Virginia.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. PFR22-21; Filed June 16, 2022, 11:51 a.m.

BOARD OF COUNSELING

Initial Agency Notice

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

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

Name of Petitioner: Ethan Kaste.

Nature of Petitioner's Request: The petitioner requests that the board amend 18VAC115-20-52 B 10 to allow residents in counseling to use the title Licensed Professional Counselor – Resident (LPC-R).

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on July 18, 2022. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. The Board of Counseling will receive public comment from July 18, 2022, to August 17, 2022.

The board will consider the petition at the next scheduled meeting following the close of the comment period. Currently, the board's next scheduled meeting after the close of the comment period is September 16, 2022. The board will inform the petitioner of its decision following that meeting.

Public Comment Deadline: August 17, 2022.

Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. PFR22-38; Filed June 26, 2022, 2:32 p.m.

BOARD OF PSYCHOLOGY

Agency Decision

Title of Regulation: 18VAC125-20. Regulations Governing the Practice of Psychology.

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

Name of Petitioner: Basharat Shah.

Nature of Petitioner's Request: Establish guidelines and qualifications for psychologists involved in custody and visitation cases and prohibit those who do not meet those qualifications from testifying in court.

Agency Decision: Request denied.

Statement of Reason for Decision: In accordance with Virginia law, the petition was filed with the Virginia Registrar of Regulations and published on March 14, 2022, with comment requested until April 13, 2022. The petition and all comments received in support or opposition were reviewed by the board at its meeting on June 28, 2022. The board decided to take no action based on lack of jurisdiction to dictate evidentiary matters that are within the purview of the state court system.

Agency Contact: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. PFR22-22; Filed June 28, 2022, 12:55 p.m.

PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 38 Iss. 24 - July 18, 2022

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-196, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less, and determined that the regulation should be amended.

The Proposed regulatory action to amend 9VAC25-196, which is published in this issue of the Virginia Register, serves as the report of findings.

Contact Information: Joseph Bryan, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2659.

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TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-46, Regulations for Children's Residential Facilities, and determined that this regulation should be amended. The board is publishing its report of findings dated June 15, 2022, to support this decision.

This regulation is necessary to carry out the licensure requirements of § 37.2-408 of the Code of Virginia. The regulation helps to protect the health, safety, and welfare of children as it articulates specific standards for licensing of facilities providing 24-hour support in conjunction with care and treatment or a training program for behavioral health and developmental services and brain injury services in a setting other than a hospital or training center. The structure of the regulation is straightforward.

Related to this periodic review, an overhaul of this regulation has been underway since the last periodic review, and of 12VAC35-105, Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services. The plan is to combine 12VAC35-46 into the main licensing regulations. Three of six planned draft chapters (one general chapter and five service-specific chapters) were published for public comment in May 2021, two more drafts will be published for initial comment by September 2022, and the last is under development. Therefore, the decision remains to amend the regulation.

The regulation is needed to carry out the licensure requirements in Title 37.2 of the Code of Virginia, specifically § 37.2-408. No comments were received. The regulation articulates specific standards for licensing of organizations and facilities that provide behavioral health and developmental disability services. Because it is intended to establish structures for the health, safety, and welfare of some of Virginia's most vulnerable citizens, some parts of the regulation are more detailed by necessity to help ensure the safety standards. There are parts of the regulation that are closely associated with regulations from the Department of Social Services, Department of Education, Virginia Department of Health, Department of Human Resources Management, Department of Health Professions, and the Department of Medical Assistance Services, but the regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

The regulation was evaluated four years ago, and an overhaul of the regulation has been underway since that time. Technology, economic conditions, or other factors changed during the pandemic. While the department anticipates some of these factors will someday return to their pre-pandemic status, there is also an understanding that some systemic changes resulting from COVID may be more permanent. The overhaul of 12VAC35-46 and 12VAC35-105 will address all permanent changes. The agency's decision to amend the chapter may minimize the economic impact of regulations on small businesses by clarifying expectations for providers. The agency's decision to amend the chapter may also cause an economic impact on small businesses as a goal of the overhaul is to raise the standard of care.

Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.

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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 18VAC85-15, Regulations Governing Delegation to an Agency Subordinate; 18VAC85-20, Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic; 18VAC85-40, Regulations Governing the Practice of Respiratory Therapists; 18VAC85-50, Regulations Governing the Practice of Physician Assistants; 18VAC85-80, Regulations Governing the Practice of Occupational Therapy; 18VAC85-101, Regulations Governing the Practice of Radiologic Technology; 18VAC85-110, Regulations Governing the Practice of Licensed Acupuncturists; 18VAC85-120, Regulations Governing the Licensure of Athletic Trainers; 18VAC85-130, Regulations Governing the Practice of Licensed Midwives; 18VAC85-140, Regulations Governing the Practice of Polysomnographic Technologists; 18VAC85-150, Regulations Governing the Practice of Behavior Analysis; 18VAC85-160, Regulations Governing the Licensure of Surgical Assistants and Certification of Surgical Technologists; and 18VAC85-170, Regulations Governing the Practice of Genetic Counselors.

The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 18, 2022, and ends August 17, 2022.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: William L. Harp, M.D., Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4558.

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TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-73, Standards for Licensed Assisted Living Facilities, and determined that this regulation should be amended. The board is publishing its report of findings dated June 15, 2022, to support this decision.

The regulation meets the criteria set forth in Executive Order 14 (as amended July 16, 2018) and is necessary because it provides minimum requirements for the protection of health, safety, and welfare of infirm or disabled adults residing in an assisted living facility (ALF). The regulation is clearly written and easy to understand.

The State Board of Social Services recommends amending the regulation to clarify the purpose of requirements for protecting the health, safety, and well-being of aged, infirm, or disabled adults residing in an ALF and to align regulation requirements with the Code of Virginia, federal requirements, and applicable practices.

The regulation is necessary for the protection of public health, safety, and welfare of aged, infirm, or disabled adults residing in an ALF. Comments received are being considered during regulation revision. The regulation is concise and understandable. The regulation does not overlap or duplicate any other federal or state law. Changes in laws and technology since the regulation has been evaluated include legalization of marijuana, advancements in technology systems to monitor residents at risk for falls and wandering, and the availability or use of e-cigarettes and vaping. The regulation has a limited impact on small businesses and only proposes the minimal regulations necessary to protect the health and safety of residents served in assisted living facilities.

Contact Information: Sharon Stroble, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7037.

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-160, Fee Requirements for Processing Applications, and determined that this regulation should be retained as is. The board is publishing its report of findings dated June 15, 2022, to support this decision.

The regulation meets the criteria set forth in Executive Order 14 (as amended July 16, 2018) and is necessary because it clarifies the fees and method of payment options available to licensed Department of Social Services programs to submit payments for licensure fees. The regulation is clearly written and easy to understand. The State Board of Social Services recommends to retain the regulation as is without making changes. As required by § 2.2-4007.1 E and F of the Code of Virginia (i) the regulation is necessary to provide information regarding licensure fees; (ii) there were no complaints or comments received concerning the regulation; (iii) the regulation is concise, understandable, and not complex; (iv) the regulation does not overlap or duplicate any other federal or state law or regulation; and the regulation has been evaluated and there is a pending action for revision. There will be no significant impact on small businesses.

Contact Information: Sherri Williams, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7141.

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TITLE 23. TAXATION

DEPARTMENT OF TAXATION

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 23VAC10-20, General Provisions Applicable to All Taxes Administered by the Department of Taxation; 23VAC10-220, Aircraft Sales and Use Tax; 23VAC10-320, Recordation Tax Regulations; and 23VAC10-500, Business, Professional and Occupational License Tax Regulations. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 18, 2022, and ends August 8, 2022.

Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.

Agency Notice

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 23VAC10-110, Individual Income Tax; 23VAC10-112, Declaration of Estimated Income Tax by Individuals; 23VAC10-115, Fiduciary Income Tax; 23VAC10-120, Corporation Income Tax; 23VAC10-140, Income Tax Withholding; and 23VAC10-330, Bank Franchise Tax. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins July 18, 2022, and ends August 8, 2022.

Contact Information: James Savage, Senior Tax Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261, telephone (804) 371-2301.

NOTICES OF INTENDED REGULATORY ACTION
Vol. 38 Iss. 24 - July 18, 2022

TITLE 12. HEALTH

State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions

Withdrawal of Notice of Intended Regulatory Action

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Withdrawal of Notice of Intended Regulatory Action

Titles of Regulations: 12VAC30-10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions (amending 12VAC30-10-10, 12VAC30-10-410; repealing 12VAC30-10-20).

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Notice is hereby given that the Department of Medical Assistance Services has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC30-10, State Plan under Title XIX of the Social Security Act Medical Assistance Program - General Provisions; 12VAC30-20, Administration of Medical Assistance Services; 12VAC30-30, Groups Covered and Agencies Responsible for Eligibility Determination; and 12VAC30-40, Eligibility Conditions and Requirements, that was published in 35:25 VA.R. 2979 August 5, 2019. The notice was published concurrently with an emergency action that was effective September 19, 2019, through September 17, 2021. The amendments described in the notice were addressed through a fast-track regulatory action that was published in 38:12 VA.R. 1340-1355 January 31, 2022; therefore, the notice is withdrawn.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R19-5692; Filed June 27, 2022

TITLE 12. HEALTH

Administration of Medical Assistance Services

Withdrawal of Notice of Intended Regulatory Action

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Withdrawal of Notice of Intended Regulatory Action

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

VA.R. Doc. No. R19-5692; Filed June 27, 2022

TITLE 12. HEALTH

Groups Covered and Agencies Responsible for Eligibility Determination

Withdrawal of Notice of Intended Regulatory Action

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Withdrawal of Notice of Intended Regulatory Action

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

VA.R. Doc. No. R19-5692; Filed June 27, 2022

TITLE 12. HEALTH

Eligibility Conditions and Requirements

Withdrawal of Notice of Intended Regulatory Action

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Withdrawal of Notice of Intended Regulatory Action

12VAC30-20. Administration of Medical Assistance Services (amending 12VAC30-20-205, 12VAC30-20-210).

12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination (amending 12VAC30-30-10).

12VAC30-40. Eligibility Conditions and Requirements (adding 12VAC30-40-348).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

VA.R. Doc. No. R19-5692; Filed June 27, 2022

TITLE 12. HEALTH

Amount, Duration, and Scope of Medical and Remedial Care Services

Withdrawal of Notice of Intended Regulatory Action

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Withdrawal of Notice of Intended Regulatory Action

Title of Regulation: 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (adding 12VAC30-50-610).

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Notice is hereby given that the Department of Medical Assistance Services has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services, that was published in 35:25 VA.R. 2979 August 5, 2019. The notice was published concurrently with an emergency action that was effective September 19, 2019, through September 17, 2021. The amendments described in the notice were addressed through a fast-track regulatory action that was published in 38:10 VA.R. 844-846 January 3, 2022; therefore, the notice is withdrawn.

VA.R. Doc. No. R19-5693; Filed June 27, 2022

REGULATIONS
Vol. 38 Iss. 24 - July 18, 2022

TITLE 3. ALCOHOLIC BEVERAGES

VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Final

REGISTRAR'S NOTICE: The Board of Directors of the Alcoholic Beverage Control Authority is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The authority will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-200).

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Effective Date: August 17, 2022.

Agency Contact: LaTonya D. Hucks-Watkins, Senior Legal Counsel, Alcoholic Beverage Control Authority, 7450 Freight Way, Mechanicsville, VA 23116, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@virginiaabc.com.

Summary:

Pursuant to Chapter 155 of the 2017 Acts of Assembly and Chapter 583 of the 2022 Acts of Assembly, the amendment changes the proof limit for grain alcohol to 151 proof limit and removes a sunset clause.

3VAC5-70-200. Grain alcohol; permits; qualifications; records; refusal, suspension, or revocation.

A. The board may issue a yearly permit authorizing the permittee to purchase grain alcohol with a proof greater than ~~101~~ 151 at government stores for any of the following purposes:

1. Industrial use;

2. Commercial use;

3. Culinary use; or

4. Medical use.

During the period July 1, 2017, through June 30, 2022, the board may issue a yearly permit authorizing the permittee to purchase grain alcohol with a proof greater than 151 at government stores for any of the purposes listed in this subsection.

B. The application for such permits shall be on forms provided by the board.

C. Permits may be issued to legitimate businesses for any one or more of the purposes stated in subsection A of this section upon presentation of satisfactory evidence of the conduct of the business activity involved. For good cause shown, the board may issue a permit to an individual for any of the uses stated in subsection A of this section.

D. A person obtaining a permit shall maintain complete and accurate records of all purchases for a period of two years. The board and its special agents shall have free access during reasonable hours to all records required to be kept pursuant to this section.

E. The board may refuse to issue, suspend, or revoke a permit if the board has reasonable cause to believe that (i) the permittee would use, has used, or allowed to be used grain alcohol for any unlawful purpose or (ii) any cause exists under § 4.1-222 of the Code of Virginia for which the board may refuse to grant the applicant any license or has done any act for which the board might suspend or revoke a license under § 4.1-225 of the Code of Virginia.

VA.R. Doc. No. R22-7290; Filed June 23, 2022

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-270. Pertaining to Blue Crab Fishery (amending 4VAC20-270-40, 4VAC20-270-51; adding 4VAC20-270-25).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: July 5, 2022.

Agency Contact: Jennifer Farmer, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23551, telephone (757) 2472248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments establish management measures, including season and bushel limits, for the 2022-2023 commercial crab fisheries and define legal commercial harvest gears.

4VAC20-270-25. Lawful commercial harvest gears.

It shall be unlawful to possess or sell crabs harvested for commercial purposes by any means other than by hard crab pot, peeler pot, dip net, ordinary or patent trotline, crab dredge, crab scrape, or crab trap or pound.

4VAC20-270-40. Season limits.

A. In ~~2021~~ 2022, the lawful season for the commercial harvest of crabs by hard crab pot shall be March 17 through November 30. In ~~2022~~ 2023, the lawful season for the commercial harvest of crabs by hard crab pot shall be March 17 through November 30. For all other lawful commercial gear used to harvest crabs, as described in 4VAC20-1040, the lawful seasons for the harvest of crabs shall be April 1 15 through October 31 15.

B. It shall be unlawful for any person to harvest crabs or to possess crabs on board a vessel, except during the lawful season as described in subsection A of this section.

C. It shall be unlawful for any person knowingly to place, set, fish, or leave any hard crab pot in any tidal waters of Virginia from December 1, ~~2021~~ 2022, through March 16, ~~2022~~ 2023. It shall be unlawful for any person to knowingly place, set, fish, or leave any lawful commercial gear used to harvest crabs, except any hard crab pot or any gear as described in 4VAC20-460-25, in any tidal waters of Virginia from ~~November 1, 2021~~ October 16, 2022, through ~~March 31, 2022~~ April 14, 2023.

D. It shall be unlawful for any person knowingly to place, set, fish, or leave any fish pot in any tidal waters from March 12 through March 16, except as provided in subdivisions 1 and 2 of this subsection.

1. It shall be lawful for any person to place, set, or fish any fish pot in those Virginia waters located upriver of the following boundary lines:

a. In the James River the boundary shall be a line connecting Hog Point and the downstream point at the mouth of College Creek.

b. In the York River the boundary lines shall be the Route 33 bridges at West Point.

c. In the Rappahannock River the boundary line shall be the Route 360 bridge at Tappahannock.

d. In the Potomac River the boundary line shall be the Route 301 bridge that extends from Newberg, Maryland to Dahlgren, Virginia.

2. This subsection shall not apply to legally licensed eel pots as described in 4VAC20-500-50.

E. It shall be unlawful for any person to place, set, or fish any number of fish pots in excess of 10% of the amount allowed by the gear license limit, up to a maximum of 30 fish pots per vessel, when any person on that vessel has set any crab pots.

1. This subsection shall not apply to fish pots set in the areas described in subdivision D 1 of this section.

2. This subsection shall not apply to legally licensed eel pots as described in 4VAC20-500.

3. This subsection shall not apply to fish pots constructed of a mesh less than one-inch square or hexagonal mesh.

4VAC20-270-51. Daily commercial harvester, vessel, and harvest and possession limits.

A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than three bushels of crabs.

B. From July 5, ~~2021~~ 2022, through ~~November 30, 2021~~ September 30, 2022, and ~~April 1, 2022~~ May 16, 2023, through July 4, ~~2022~~ 2023, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following hard crab pot license categories:

1. 10 bushels, or three barrels and one bushel, of crabs if licensed for up to 85 crab pots.

2. 14 bushels, or four barrels and two bushels, of crabs if licensed for up to 127 crab pots.

3. 18 bushels, or six barrels, of crabs if licensed for up to 170 crab pots.

4. 29 bushels, or nine barrels and two bushels, of crabs if licensed for up to 255 crab pots.

5. 47 bushels, or 15 barrels and two bushels, of crabs if licensed for up to 425 crab pots.

C. From October 1, 2022, through November 30, 2022, and March 17, ~~2022~~ 2023, through ~~March 31, 2022~~ May 15, 2023, any commercial fisherman registration licensee legally licensed for any hard crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:

1. Eight bushels, or two barrels and two bushels, of crabs if licensed for up to 85 crab pots.

2. 10 bushels, or three barrels and one bushel, of crabs if licensed for up to 127 crab pots.

3. 13 bushels, or four barrels and one bushel, of crabs if licensed for up to 170 crab pots.

4. 21 bushels, or seven barrels, of crabs if licensed for up to 255 crab pots.

5. 27 bushels, or nine barrels, of crabs if licensed for up to 425 crab pots.

D. When a single harvester or multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one daily harvest and possession limit, as described in subsections B and C of this section, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.

E. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensees or a bill of lading indicating each crab pot licensee's name, address, commercial fisherman registration license number, date, and amount of bushels or barrels of crabs to be sold.

F. If any police officer finds crabs in excess of any lawful daily bushel, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee or licensees who possess that excess over lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.

G. When any person on board any boat or vessel possesses a crab pot license, it shall be unlawful for that person or any other person aboard that boat or vessel to possess a seafood buyers boat license and buy any crabs on any day.

VA.R. Doc. No. R22-7303; Filed June 28, 2022

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final

Title of Regulation: 4VAC20-1140. Prohibition of Crab Dredging in Virginia Waters (amending 4VAC20-1140-20).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: July 5, 2022.

Agency Contact: Jennifer Farmer, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23551, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments close the December 1, 2022, through March 31, 2023, winter commercial crab dredge fishing season, in accordance with the provisions of § 28.2-707 of the Code of Virginia.

4VAC20-1140-20. Crab dredging prohibited.

In accordance with the provisions of § 28.2-707 of the Code of Virginia, the crab dredging season of December 1, ~~2021~~ 2022, through March 31, ~~2022~~ 2023, is closed, and it shall be unlawful to use a dredge for catching crabs from the waters of the Commonwealth during that season.

VA.R. Doc. No. R22-7302; Filed June 28, 2022

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final

Title of Regulation: 4VAC20-1270. Pertaining to Atlantic Menhaden (amending 4VAC20-1270-30).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: July 1, 2022.

Agency Contact: Jennifer Farmer, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23551, telephone (757) 2472248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments establish a temporary reciprocal quota transfer system between the purse seine menhaden reduction sector and the purse seine menhaden bait sector of the fishery during the 2022 fishing year.

4VAC20-1270-30. Total allowable landings for menhaden; allocation, accountability, overages, restrictions, closures, ~~and~~ state-to-state transfers, and transfers between sectors.

A. Total allowable commercial landings for menhaden in 2022 shall be equivalent to 334,781,533 pounds or 78.66% of the annual total allowable catch (TAC) set by the Atlantic States Marine Fisheries Commission.

B. Total amount of allowable commercial landings in subsection A of this section shall be allocated as quotas among three sectors of the menhaden fishery in proportion to each sector's share of average landings from 2002 through 2011, as described in subdivisions 1, 2, and 3 of this subsection.

1. The purse seine menhaden reduction sector shall be allocated a quota of 301,437,292 pounds or 90.04% of allowable commercial menhaden landings.

2. The purse seine menhaden bait sector shall be allocated a quota of 28,054,692 pounds or 8.38% of allowable commercial menhaden landings.

3. The non-purse seine menhaden bait sector shall be allocated a quota of 5,289,548 pounds or 1.58% of allowable commercial menhaden landings.

C. If the total allowable commercial landings specified in subsection A of this section are exceeded in any calendar year, the total allowable commercial landings for the subsequent calendar year shall be reduced by the amount of the overage. Such overage shall be deducted from the sector of the menhaden fishery that exceeded the allocation specified in subsection B of this section, with the exception of the non-purse seine menhaden bait sector, which shall move into the incidental catch provision outlined in subdivision F 3 of this section.

D. Any portion of the 1.0% of the coastwide total allowable catch set aside by the Atlantic States Marine Fisheries Commission for episodic events that is unused as of September 1 of any calendar year shall be returned to Virginia and other states according to allocation guidelines established by the Atlantic States Marine Fisheries Commission. Any such return of this portion of the coastwide total allowable catch to Virginia shall increase the total allowable commercial landings for that year.

E. It shall be unlawful for any person to take or catch menhaden using a purse seine net except in accordance with the seasons, areas, and gear restrictions as set forth in §§ 28.2-409 and 28.2-410 of the Code of Virginia.

F. It shall be unlawful to harvest or land in Virginia any menhaden after the Commissioner of the Marine Resources Commission (commissioner) projects and announces that 100% of the total allowable landings for any sector has been taken. The commissioner may reopen a fishery sector if, after all reports as described in 4VAC20-1270-60 have been received, the portion of the total allowable catch has not been harvested by that sector.

1. The commissioner shall announce the date of closure when the total allowable landings for the purse seine menhaden reduction sector is projected to be taken.

2. The commissioner shall announce the date of closure when the total allowable landings for the purse seine menhaden bait sector is projected to be taken.

3. The commissioner shall announce the date of closure when the total allowable commercial landings for the non-purse seine menhaden bait sector is projected to be taken. Once this closure is announced, any person licensed in the non-purse seine menhaden bait sector may possess and land up to 6,000 pounds of menhaden per calendar day as bycatch. Any two persons licensed in the non-purse seine menhaden bait sector may possess and land up to 12,000 pounds of menhaden bycatch when working together from the same vessel using stationary multi-species gear per the Atlantic States Marine Fisheries Commission incidental catch provision.

G. The commissioner may request a transfer of menhaden quota from any other state that is a member of the Atlantic States Marine Fisheries Commission. If Virginia receives a transfer of menhaden quota in any calendar year from another state, the total allowable commercial landings for that calendar year shall increase by the amount of transferred quota. It shall be unlawful for this quota transfer to be applied to the Bay Cap quota as described in 4VAC20-1270-35. The commissioner may transfer menhaden quota to another state only if there is unused menhaden quota at the end of the calendar year.

H. For 2022, the Marine Resources Commission shall establish a reciprocal temporary transferable quota system between the purse seine menhaden reduction sector and the purse seine menhaden bait sector. Any transfer of menhaden quota between these sectors shall be limited by the following conditions:

1. A transfer of quota to the purse seine menhaden bait sector from the purse seine reduction sector shall be allocated to each qualified licensee's percentage share of the purse seine menhaden bait sector quota.

2. No transfer of quota to the purse seine menhaden bait sector shall be authorized by the Marine Resources Commission unless all qualified individuals of the purse seine menhaden bait sector and the purse seine menhaden reduction sector agree to the transfer and document the transfer on a form provided by the Marine Resources Commission, notarized by a lawful notary public, and approved by the commissioner.

3. No transfer of quota to the purse seine reduction sector shall be authorized by the Marine Resources Commission unless at least one qualified individual of the purse seine menhaden bait sector and the purse seine menhaden reduction sector agree to the transfer and document the transfer on a form provided by the Marine Resources Commission, notarized by a lawful notary public, and approved by the commissioner.

4. No transfer shall be authorized by the Marine Resources Commission unless the transferring qualified individuals of the purse seine menhaden bait sector and the purse seine menhaden reduction sector have submitted up-to-date records of all commercial landings of menhaden to the Marine Resources Commission prior to such transfer.

5. Quota transfers between the purse seine menhaden reduction sector and purse seine menhaden bait sector shall be effective only during the calendar year in which the transfer is approved.

NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

FORMS (4VAC20-1270)

Captain's Daily Fishing Report (rev. 2010)

Commercial Menhaden Quota Transfer Form (eff. 7/2022)

VA.R. Doc. No. R22-7300; Filed June 28, 2022

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Action Withdrawn

Titles of Regulations: 8VAC20-150. Management of the Student's Scholastic Record in the Public Schools of Virginia (repealing 8VAC20-150-10, 8VAC20-150-20, 8VAC20-150-30).

8VAC20-180. Regulations Governing School Community Programs (repealing 8VAC20-180-10).

8VAC20-210. Classifications of Expenditures (repealing 8VAC20-210-10).

8VAC20-240. Regulations Governing School Activity Funds (repealing 8VAC20-240-10 through 8VAC20-240-50).

8VAC20-250. Regulations Governing the Testing of Sight and Hearing of Pupils (repealing 8VAC20-250-10).

8VAC20-310. Rules Governing Instructions Concerning Drugs and Substance Abuse (repealing 8VAC20-310-10).

8VAC20-320. Regulations Governing Physical and Health Education (repealing 8VAC20-320-10).

8VAC20-390. Rules Governing Division Superintendent of Schools (repealing 8VAC20-390-10 through 8VAC20-390-110).

8VAC20-410. Regulations Governing Allowable Credit for Teaching Experience (repealing 8VAC20-410-10).

8VAC20-420. Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards (repealing 8VAC20-420-10).

8VAC20-460. Regulations Governing Sick Leave Plan for Teachers (repealing 8VAC20-460-10 through 8VAC20-460-60).

8VAC20-490. Regulations Governing School Boards Local (repealing 8VAC20-490-10 through 8VAC20-490-60).

8VAC20-565. Regulations for the Protection of Students As Participants in Human Research (repealing 8VAC20-565-10 through 8VAC20-565-50).

8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-10 through 8VAC20-720-180).

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

The State Board of Health has WITHDRAWN the regulatory action for 8VAC20-150. Management of the Student's Scholastic Record in the Public Schools of Virginia 8VAC20-150, Management of the Student's Scholastic Record in the Public Schools of Virginia; 8VAC20-180, Regulations Governing School Community Programs; 8VAC20-210, Classifications of Expenditures; 8VAC20-240, Regulations Governing School Activity Funds; 8VAC20-250, Regulations Governing the Testing of Sight and Hearing of Pupils; 8VAC20-310, Rules Governing Instructions Concerning Drugs and Substance Abuse; 8VAC20-320, Regulations Governing Physical and Health Education; 8VAC20-390, Rules Governing Division Superintendent of Schools;
8VAC20-410, Regulations Governing Allowable Credit for Teaching Experience; 8VAC20-420. Regulations Governing Personnel in Public School Libraries Operated under Joint Contract under Control of Local School Board or Boards; 8VAC20-460, Regulations Governing Sick Leave Plan for Teachers; 8VAC20-490, Regulations Governing School Boards Local; 8VAC20-565. Regulations for the Protection of Students As Participants in Human Research; and 8VAC20-720, Regulations Governing Local School Boards and School Divisions, which was published as a Proposed regulation in 26:1 VA.R. 37-43 September 14, 2009. This action is being withdrawn because the action has been dormant since publication of the proposed in 2009.

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

VA.R. Doc. No. R8-1332; Filed June 21, 2022