NOTICES OF INTENDED REGULATORY ACTION
Vol. 26 Iss. 25 - August 16, 2010

TITLE 8. EDUCATION
Regulations Governing the Operation of Private Day Schools for Students with Disabilities
Withdrawal of Notice of Intended Regulatory Action

The State Board of Education has withdrawn the Notice of Intended Regulatory Action to repeal 8VAC20-670, Regulations Governing the Operation of Private Day Schools for Students with Disabilities, and promulgate 8VAC20-671, Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth, which was published 25:3 VA.R. 337 October 13, 2008. The board intends to issue an updated Notice of Intended Regulatory Action.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy & Communications, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R09-1552; Filed July 26, 2010, 1:36 p.m.
TITLE 11. GAMING
Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Racing Officials
Withdrawal of Notice of Intended Regulatory Action

The Virginia Racing Commission has withdrawn the Notice of Intended Regulatory Action for 11VAC10-50, Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Racing Officials, which was published 19:25 VA.R. 3660 August 25, 2003.

Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.

VA.R. Doc. No. R03-304; Filed July 19, 2010, 11:00 a.m.
TITLE 11. GAMING
Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Participants
Withdrawal of Notice of Intended Regulatory Action

The Virginia Racing Commission has withdrawn the Notice of Intended Regulatory Action for 11VAC10-60, Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Participants, which was published 19:25 VA.R. 3660 August 25, 2003.

Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.

VA.R. Doc. No. R03-305; Filed July 19, 2010, 11:00 a.m.
TITLE 11. GAMING
Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Participants
Withdrawal of Notice of Intended Regulatory Action

The Virginia Racing Commission has withdrawn the Notice of Intended Regulatory Action for 11VAC10-60, Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Participants, which was published 25:25 VA.R. 4372 August 17, 2009. The amendments to increase permit holder fees were adopted in a separate action.

Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.

VA.R. Doc. No. R09-1942; Filed July 19, 2010, 11:00 a.m.
TITLE 11. GAMING
Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Stewards (Period of Authority)
Withdrawal of Notice of Intended Regulatory Action

The Virginia Racing Commission has withdrawn the Notice of Intended Regulatory Action for 11VAC10-70, Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Stewards (Period of Authority), which was published 19:11 VA.R. 1563 February 10, 2003.

Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.

VA.R. Doc. No. R03-116; Filed July 19, 2010, 11:00 a.m.
TITLE 11. GAMING
Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Stewards
Withdrawal of Notice of Intended Regulatory Action

The Virginia Racing Commission has withdrawn the Notice of Intended Regulatory Action for 11VAC10-70, Regulations Pertaining to Horse Racing with Pari-Mutuel Wagering: Stewards, which was published 19:25 VA.R. 3661 August 25, 2003.

Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.

VA.R. Doc. No. R03-306; Filed July 19, 2010, 11:00 a.m.
TITLE 12. HEALTH
Virginia Radiation Protection Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending the following regulation: 12VAC5-481, Virginia Radiation Protection Regulations. The purpose of the proposed action is to update regulations for X-ray and therapeutic radiation machines.

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

Statutory Authority: § 32.1-229 of the Code of Virginia.

Public Comment Deadline: September 15, 2010.

Agency Contact: Leslie Foldesi, MS, CHP, Director, Division of Radiological Health, Department of Health, 109 Governor St., Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email les.foldesi@vdh.virginia.gov.

VA.R. Doc. No. R10-2412; Filed July 15, 2010, 2:57 p.m.
TITLE 12. HEALTH
Guidelines for General Assembly Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility
Withdrawal of Notice of Intended Regulatory Action

The State Board of Health has withdrawn the Notice of Intended Regulatory Action for 12VAC5-507, Guidelines for General Assembly Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility, and 12VAC5-510, Guidelines for General Assembly Nursing Scholarships, which was published 17:11 VA.R. 1828 February 12, 2001.

A new Notice of Intended Regulatory Action is published concurrently in this issue of the Register for 12VAC5-507 to provide details on the implementation of a loan and scholarship program for nurses that would require, in return, an individual's service in a long-term care facility.

Agency Contact: Aileen Edwards Harris, M.S.A., Rural Health and Workforce Programs Manager, Virginia Department of Health, Office of Minority Health and Public Health Policy,109 Governor Street, Suite 1016-East, Richmond, VA 23219, telephone (804) 864-7436.

VA.R. Doc. No. R01-97; Filed July 21, 2010, 3:19 p.m.
TITLE 12. HEALTH
Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating the following regulation: 12VAC5-507, Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility. The purpose of the proposed action is to provide details on the implementation of a loan and scholarship program for nurses that would require, in return, an individual's service in a long-term care facility.

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

Statutory Authority: §§ 32.1-122.6:01 and 54.1-3011.2 of the Code of Virginia.

Public Comment Deadline: September 15, 2010.

Agency Contact: Aileen Harris, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7436, or email aileen.harris@vdh.virginia.gov.

VA.R. Doc. No. R10-1890; Filed July 15, 2010, 3:00 p.m.
TITLE 12. HEALTH
Guidelines for General Assembly Nursing Scholarships
Withdrawal of Notice of Intended Regulatory Action

The State Board of Health has withdrawn the Notice of Intended Regulatory Action for 12VAC5-507, Guidelines for General Assembly Nursing Scholarships and Loan Repayment Program Requiring Service in a Long-Term Care Facility, and 12VAC5-510, Guidelines for General Assembly Nursing Scholarships, which was published 17:11 VA.R. 1828 February 12, 2001.

A new Notice of Intended Regulatory Action is published concurrently in this issue of the Register for 12VAC5-507 to provide details on the implementation of a loan and scholarship program for nurses that would require, in return, an individual's service in a long-term care facility.

Agency Contact: Aileen Edwards Harris, M.S.A., Rural Health and Workforce Programs Manager, Virginia Department of Health, Office of Minority Health and Public Health Policy,109 Governor Street, Suite 1016-East, Richmond, VA 23219, telephone (804) 864-7436.

VA.R. Doc. No. R01-97; Filed July 21, 2010, 3:19 p.m.
TITLE 12. HEALTH
Rules and Regulations for the Identification of Medically Underserved Areas in Virginia
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending the following regulation: 12VAC5-540, Rules and Regulations for the Identification of Medically Underserved Areas in Virginia. The purpose of the proposed action is to update the process for determining medically underserved areas in Virginia so that more timely and accurate computations will result.

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

Statutory Authority: §§ 32.1-12 and 32.1-122.5 of the Code of Virginia.

Public Comment Deadline: September 15, 2010.

Agency Contact: Kenneth Studer, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7428, or email ken.studer@vdh.virginia.gov.

VA.R. Doc. No. R10-2199; Filed July 15, 2010, 3:01 p.m.
TITLE 12. HEALTH
Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation, Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver, and Residential Brain Injury Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending the following regulation: 12VAC35-105, Rules and Regulations for the Licensing of Providers of Mental Health, Mental Retardation, Substance Abuse, the Individual and Family Developmental Disabilities Support Waiver, and Residential Brain Injury Services. The purpose of the proposed action is to allow the Department of Behavioral Health and Developmental Services to establish and collect fees for the licensing services offered by the department.

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

Statutory Authority: § 37.2-203 of the Code of Virginia.

Public Comment Deadline: September 15, 2010.

Agency Contact: Les Saltzberg, Director, Office of Licensing, Department of Behavioral Health and Developmental Services, 1220 Bank Street, Richmond, VA 23219, telephone (804) 786-1747, FAX (804) 371-0092, or email les.saltzberg@dbhds.virginia.gov.

VA.R. Doc. No. R10-2275; Filed July 16, 2010, 12:29 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations of the Board of Funeral Directors and Embalmers
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Funeral Directors and Embalmers intends to consider amending the following regulations: 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers, and 18VAC65-40, Regulations for the Funeral Service Internship Program. The purpose of the proposed action is to consider an increase in fees charged to regulants to meet its statutory responsibility to have sufficient revenue to offset expenses.

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

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

Public Comment Deadline: September 15, 2010.

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

VA.R. Doc. No. R10-2522; Filed July 19, 2010, 3:20 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for the Funeral Service Internship Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Funeral Directors and Embalmers intends to consider amending the following regulations: 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers, and 18VAC65-40, Regulations for the Funeral Service Internship Program. The purpose of the proposed action is to consider an increase in fees charged to regulants to meet its statutory responsibility to have sufficient revenue to offset expenses.

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

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

Public Comment Deadline: September 15, 2010.

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

VA.R. Doc. No. R10-2522; Filed July 19, 2010, 3:20 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Nursing Home Administrators,
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Long-Term Care Administrators intends to consider amending the following regulations: 18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators, and 18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators. The purpose of the proposed action is to consider an increase in fees charged to applicants and licensees to have sufficient revenue to offset increased expenditures.

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

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

Public Comment Deadline: September 15, 2010.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email ltc@dhp.virginia.gov.

VA.R. Doc. No. R10-2364; Filed July 19, 2010, 4:23 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Assisted Living Facility Administrators
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Long-Term Care Administrators intends to consider amending the following regulations: 18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators, and 18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators. The purpose of the proposed action is to consider an increase in fees charged to applicants and licensees to have sufficient revenue to offset increased expenditures.

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

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

Public Comment Deadline: September 15, 2010.

Agency Contact: Lisa Russell Hahn, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email ltc@dhp.virginia.gov.

VA.R. Doc. No. R10-2364; Filed July 19, 2010, 4:23 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Optometry
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Optometry intends to consider amending the following regulation: 18VAC105-20, Regulations Governing the Practice of Optometry. The purpose of the proposed action is to consider an increase in fees charged to licensees to meet its statutory responsibility to have sufficient revenue to cover expenditures.

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

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

Public Comment Deadline: September 15, 2010.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4508, FAX (804) 527-4466, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R10-2523; Filed July 19, 2010, 3:21 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Social Work
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Social Work intends to consider amending the following regulation: 18VAC140-20, Regulations Governing the Practice of Social Work. The purpose of the proposed action is to consider an increase in fees and a change from a biennial to an annual renewal.

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

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

Public Comment Deadline: September 15, 2010.

Agency Contact: Evelyn B. Brown, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4488, FAX (804) 527-4435, or email evelyn.brown@dhp.virginia.gov.

VA.R. Doc. No. R10-2391; Filed July 19, 2010, 4:26 p.m.
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
VASAP Training and Accrediting Manual
Withdrawal of Notice of Intended Regulatory Action

The Commission on the Virginia Alcohol Safety Action Program has withdrawn the Notice of Intended Regulatory Action for 24VAC35-50, VASAP Training and Accrediting Manual, which was published 25:9 VAR 1679 January 5, 2009.

Agency Contact: Richard L. Foy, Technical Instructor, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, FAX (804) 786-6286, or email rfoy.vasap@state.va.us.

VA.R. Doc. No. R09-1670; Filed July 20, 2010, 12:46 p.m.