NOTICES OF INTENDED REGULATORY ACTION
Vol. 29 Iss. 21 - June 17, 2013

TITLE 2. AGRICULTURE
Rules and Regulations Governing the Operation of Livestock Markets
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 Agriculture and Consumer Services intends to consider amending 2VAC5-60, Rules and Regulations Governing the Operation of Livestock Markets. The purpose of the proposed action is to update and enhance requirements concerning animal disease traceability and to ensure that state regulations comply with related federal regulations recently issued by the U.S. Department of Agriculture. The existing regulation will be amended to remove the specific language requiring the brucellosis testing of all cows offered for sale at the livestock markets. The requirements for permanent identification that was associated with that testing will need to remain in the regulation.

This Notice of Intended Regulatory Action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

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

Statutory Authority: § 3.2-6001, 3.2-6002, and 3.2-6004 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Charles Broaddus, DVM, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

VA.R. Doc. No. R13-3709; Filed May 23, 2013, 12:25 p.m.
TITLE 2. AGRICULTURE
Rules and Regulations Governing the Recordkeeping by Virginia Cattle Dealers for the Control or Eradication of Brucellosis of Cattle
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 Agriculture and Consumer Services intends to consider amending 2VAC5-120, Rules and Regulations Governing the Recordkeeping by Virginia Cattle Dealers for the Control or Eradication of Brucellosis of Cattle. The purpose of the proposed action is to update and enhance requirements concerning animal disease traceability and to ensure that state regulations comply with related federal requirements recently issued by the U.S. Department of Agriculture, which require that breeding cattle and certain other livestock moving interstate be officially identified and accompanied by an interstate certificate of veterinary inspection or other documentation. The proposed amendments remove the specific language associated with brucellosis and set forth guidelines for cattle that need to be identified and recorded. The proposed changes to this regulation will be in concert with those for 2VAC5-60, Rules and Regulations Governing the Operation of Livestock Markets.

This Notice of Intended Regulatory Action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

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

Statutory Authority: §§ 3.2-6001, 3.2-6002, and 3.2-6004 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Charles Broaddus, DVM, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

VA.R. Doc. No. R13-3710; Filed May 23, 2013, 12:26 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Minimum Standards for Jails and Lockups
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 Corrections intends to consider amending 6VAC15-40, Minimum Standards for Jails and Lockups. The purpose of the proposed action is to amend the regulation so that a jail will not be required to perform a tuberculosis (TB) skin test on an inmate entering the facility if it can be documented that the inmate has received a TB skin test within the past 12 months or has tested positive to the TB skin test at any time in the past. In addition, the board will add provisions to certify compliance with Part 115 of Title 28 of the Code of Federal Regulations (National Standards to Prevent, Detect, and Respond to Prison Rape), which requires jails and lockups to comply with these standards as documented through audits conducted by U.S. Department of Justice accredited auditors.

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

Statutory Authority: §§ 53.1-5 and 53.1-68 of the Code of Virgnia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 887-8215, FAX (804) 674-3017, or email james.bruce@vadoc.virginia.gov.

VA.R. Doc. No. R13-3712; Filed May 17, 2013, 9:04 a.m.
TITLE 8. EDUCATION
Regulations Governing Adult High School Programs
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 Education intends to consider amending 8VAC20-30, Regulations Governing Adult High School Programs and repealing 8VAC20-680, Regulations Governing the General Achievement Diploma. The purpose of the proposed action is to promulgate regulations to implement the provisions of Chapters 454 and 642 of the 2012 Acts of Assembly. The legislation amended § 22.1-253.13:4 of the Code of Virginia to strengthen postsecondary education and workplace readiness opportunities for all students and to consolidate the number of Board of Education-approved diplomas. The legislation eliminated the general achievement diploma by folding it into the adult high school diploma, which would be renamed the general achievement adult high school diploma. The legislation added a requirement that adult students would need to earn a Board of Education-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment in order to be awarded the diploma. The legislation further provided that the general achievement adult high school diploma would include the following requirements:

1. Achievement of a passing score on the GED examination;

2. Successful completion of an education and training program designated by the Board of Education;

3. Achievement of a Board of Education-approved career and technical education credential such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment; and

4. Completion of other requirements as may be established by the board.

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

Statutory Authority: §§ 22.1-224 and 22.1-253.13:4 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Anne Wescott, Assistant Superintendent for Policy and Communication, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2403, or email anne.wescott@doe.virginia.gov.

VA.R. Doc. No. R13-3303; Filed May 22, 2013, 2:19 p.m.
TITLE 8. EDUCATION
Regulations Governing the General Achievement Diploma
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 Education intends to consider amending 8VAC20-30, Regulations Governing Adult High School Programs and repealing 8VAC20-680, Regulations Governing the General Achievement Diploma. The purpose of the proposed action is to promulgate regulations to implement the provisions of Chapters 454 and 642 of the 2012 Acts of Assembly. The legislation amended § 22.1-253.13:4 of the Code of Virginia to strengthen postsecondary education and workplace readiness opportunities for all students and to consolidate the number of Board of Education-approved diplomas. The legislation eliminated the general achievement diploma by folding it into the adult high school diploma, which would be renamed the general achievement adult high school diploma. The legislation added a requirement that adult students would need to earn a Board of Education-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment in order to be awarded the diploma. The legislation further provided that the general achievement adult high school diploma would include the following requirements:

1. Achievement of a passing score on the GED examination;

2. Successful completion of an education and training program designated by the Board of Education;

3. Achievement of a Board of Education-approved career and technical education credential such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment; and

4. Completion of other requirements as may be established by the board.

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

Statutory Authority: §§ 22.1-224 and 22.1-253.13:4 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Anne Wescott, Assistant Superintendent for Policy and Communication, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2403, or email anne.wescott@doe.virginia.gov.

VA.R. Doc. No. R13-3303; Filed May 22, 2013, 2:19 p.m.
TITLE 12. HEALTH
Waivered Services
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 Medical Assistance Services intends to consider repealing 12VAC30-120, Waivered Services. The purpose of the proposed action is to repeal the agency's MEDALLION regulations, which provide for primary care case management (PCCM) as an alternative to managed care. The managed care service delivery mechanism, via managed care organizations, has now expanded throughout the entire Commonwealth and these PCCM regulations are no longer needed.

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

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

Public Comment Deadline: July 18, 2013.

Agency Contact: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email brian.mccormick@dmas.virginia.gov.

VA.R. Doc. No. R13-3371; Filed May 22, 2013, 11:12 a.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Standards for Plats; 17VAC15-70, Standards for Recorded Instruments
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Library Board intends to consider promulgating 17VAC15-61, Standards for Recorded Permanent Instruments and repealing 17VAC15-60, Standards for Plats; 17VAC15-70, Standards for Recorded Instruments; and 17VAC15-80, Standards for Paper for Permanent Circuit Court Records. The purpose of the proposed action is to simplify the regulations regarding standards to which all circuit court clerks' offices will compare the medium, inscription, and format of paper instruments presented for recording and filing when such instruments will become records with a disposition of permanent retention. Without a standard, instruments submitted to record may be of such quality that reformatting them to the copy of record, via electronic image or microfilm, for the purpose of producing copies indefinitely, can be significantly hindered. Currently, the standards are spread out over three regulations; these will be repealed. The language in the planned regulation will be simpler and better organized, and obsolete sections will be removed.

This action is initiated in response to the Governor's Regulatory Reform Initiative.

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

Statutory Authority: § 42.1-82 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Glenn Smith, Records and Information Management Analyst, Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone (804) 692-3604, or email glenn.smith@lva.virginia.gov.

VA.R. Doc. No. R13-3761; Filed May 23, 2013, 11:04 a.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Standards for Recorded Permanent Instruments
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Library Board intends to consider promulgating 17VAC15-61, Standards for Recorded Permanent Instruments and repealing 17VAC15-60, Standards for Plats; 17VAC15-70, Standards for Recorded Instruments; and 17VAC15-80, Standards for Paper for Permanent Circuit Court Records. The purpose of the proposed action is to simplify the regulations regarding standards to which all circuit court clerks' offices will compare the medium, inscription, and format of paper instruments presented for recording and filing when such instruments will become records with a disposition of permanent retention. Without a standard, instruments submitted to record may be of such quality that reformatting them to the copy of record, via electronic image or microfilm, for the purpose of producing copies indefinitely, can be significantly hindered. Currently, the standards are spread out over three regulations; these will be repealed. The language in the planned regulation will be simpler and better organized, and obsolete sections will be removed.

This action is initiated in response to the Governor's Regulatory Reform Initiative.

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

Statutory Authority: § 42.1-82 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Glenn Smith, Records and Information Management Analyst, Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone (804) 692-3604, or email glenn.smith@lva.virginia.gov.

VA.R. Doc. No. R13-3761; Filed May 23, 2013, 11:04 a.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Standards for Recorded Instruments
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Library Board intends to consider promulgating 17VAC15-61, Standards for Recorded Permanent Instruments and repealing 17VAC15-60, Standards for Plats; 17VAC15-70, Standards for Recorded Instruments; and 17VAC15-80, Standards for Paper for Permanent Circuit Court Records. The purpose of the proposed action is to simplify the regulations regarding standards to which all circuit court clerks' offices will compare the medium, inscription, and format of paper instruments presented for recording and filing when such instruments will become records with a disposition of permanent retention. Without a standard, instruments submitted to record may be of such quality that reformatting them to the copy of record, via electronic image or microfilm, for the purpose of producing copies indefinitely, can be significantly hindered. Currently, the standards are spread out over three regulations; these will be repealed. The language in the planned regulation will be simpler and better organized, and obsolete sections will be removed.

This action is initiated in response to the Governor's Regulatory Reform Initiative.

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

Statutory Authority: § 42.1-82 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Glenn Smith, Records and Information Management Analyst, Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone (804) 692-3604, or email glenn.smith@lva.virginia.gov.

VA.R. Doc. No. R13-3761; Filed May 23, 2013, 11:04 a.m.
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
Standards for Paper for Permanent Circuit Court Records
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Library Board intends to consider promulgating 17VAC15-61, Standards for Recorded Permanent Instruments and repealing 17VAC15-60, Standards for Plats; 17VAC15-70, Standards for Recorded Instruments; and 17VAC15-80, Standards for Paper for Permanent Circuit Court Records. The purpose of the proposed action is to simplify the regulations regarding standards to which all circuit court clerks' offices will compare the medium, inscription, and format of paper instruments presented for recording and filing when such instruments will become records with a disposition of permanent retention. Without a standard, instruments submitted to record may be of such quality that reformatting them to the copy of record, via electronic image or microfilm, for the purpose of producing copies indefinitely, can be significantly hindered. Currently, the standards are spread out over three regulations; these will be repealed. The language in the planned regulation will be simpler and better organized, and obsolete sections will be removed.

This action is initiated in response to the Governor's Regulatory Reform Initiative.

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

Statutory Authority: § 42.1-82 of the Code of Virginia.

Public Comment Deadline: July 17, 2013.

Agency Contact: Glenn Smith, Records and Information Management Analyst, Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone (804) 692-3604, or email glenn.smith@lva.virginia.gov.

VA.R. Doc. No. R13-3761; Filed May 23, 2013, 11:04 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Waste Management Facility Operators Regulations
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given that the Board for Waste Management Facility Operators has WITHDRAWN the Notice of Intended Regulatory Action for 18VAC155-20, Waste Management Facility Operators Regulations, which was published in 29:13 VA.R. 1688 February 25, 2013. After consideration by the board, it was determined that this regulatory action does not fit with the Governor's Regulatory Reform Initiative.

Agency Contact: Eric L. Olson, Executive Director, Board for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8511, FAX (866) 430-1033, or email wastemgt@dpor.virginia.gov.

VA.R. Doc. No. R13-3557; Filed May 23, 2013, 2:55 p.m.