REGULATIONS
Vol. 38 Iss. 20 - May 23, 2022

TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS
STATE CORPORATION COMMISSION
Proposed

REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Title of Regulation: 10VAC5-240. Sales-Based Financing (adding 10VAC5-240-10 through 10VAC5-240-40).

Statutory Authority: § 6.2-2237 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public comment deadline: June 6, 2022.

Agency Contact: Dustin Physioc, Deputy Commissioner, Bureau of Financial Institutions, State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone (804) 786-0831, or email dustin.physioc@scc.virginia.gov.

Summary:

The proposed amendments (i) define terms; (ii) require sales-based financing providers and sales-based financing brokers to register with the State Corporation Commission; and (iii) effectuate the disclosure requirements of Chapter 22.1 (§ 6.2-2228 et seq.) of Title 6.1 of the Code of Virginia.

AT RICHMOND, MAY 4, 2022

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. BFI-2022-00035

Ex Parte: In the Matter of Adopting

Regulations Governing Sales-Based

Financing under Chapter 22.1 of

Title 6.2 of the Code of Virginia

ORDER TO TAKE NOTICE

Chapter 516 of the 2022 Virginia Acts of Assembly amends the Code of Virginia ("Code") by adding Chapter 22.1 to Title 6.2 (§ 6.2-2228 et seq.) ("Chapter 22.1"). Chapter 22.1 requires, among other things, certain sales-based financing providers and sales-based financing brokers to register with the State Corporation Commission ("Commission") in accordance with procedures established by the Commission, and requires sales-based financing providers subject to Chapter 22.1 to furnish certain disclosures to recipients of sales-based financing in accordance with formatting prescribed by the Commission. Chapter 22.1 will become effective on July 1, 2022, and the deadline for registering with the Commission is November 1, 2022. Section 6.2-2237 of the Code authorizes the Commission to adopt such regulations as it deems appropriate to effect the purposes of Chapter 22.1.

The Bureau of Financial Institutions ("Bureau") has submitted to the Commission proposed regulations pursuant to § 6.2-2237 of the Code that define certain terms, require sales-based financing providers and sales-based financing brokers to register with the Commission in accordance with procedures established by the Commissioner of Financial Institutions, and effectuate the disclosure requirements of § 6.2-2231 of the Code. The proposal also contains the disclosure form that sales-based financing providers will be required to use.

NOW THE COMMISSION, having considered the Bureau's proposal, is of the opinion and finds that reasonable notice of the proposed regulations should be given, interested parties should be afforded an opportunity to be heard in accordance with the Commission's Rules of Practice and Procedure, 5 VAC 5-20-10 et seq., and the proposed regulations should be considered for adoption with a proposed effective date of July 1, 2022.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulations and disclosure form are attached hereto and made a part hereof.

(2) Comments or requests for a hearing on the proposed regulations or disclosure form must be submitted in writing to the Clerk of the Commission, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, on or before June 6, 2022. Requests for a hearing shall state why a hearing is necessary and why the issues cannot be adequately addressed in written comments. All correspondence shall contain a reference to Case No. BFI-2022-00035. Interested persons desiring to submit comments or request a hearing electronically may do so by following the instructions available at the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments.

(3) The Bureau shall file its response to any comments filed pursuant to Ordering Paragraph 2 on or before June 15, 2022.

(4) This Order, along with the attached proposed regulations and disclosure form, shall be made available on the Commission's website: scc.virginia.gov/pages/Case-Information.

(5) The Commission's Division of Information Resources shall provide a copy of this Order, the proposed regulations, and the disclosure form to the Virginia Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.

A COPY of this Order, including the attached proposed regulations and disclosure form, shall be sent by the Clerk of the Commission to the Commission's Office of General Counsel and to the Commissioner of Financial Institutions, who shall send by e-mail or U.S. mail a copy of this Order, along with the attached proposed regulations and disclosure form, to such interested persons as he may designate.

Chapter 240

Sales-Based Financing

10VAC5-240-10. Definitions.

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

"Chapter 22.1" means Chapter 22.1 (§ 6.2-2228 et seq.) of Title 6.2 of the Code of Virginia.

"Finance charge" has the meaning assigned to it in 12 CFR 1026.4 regardless of whether a provider or sales-based financing transaction is subject to Regulation Z (12 CFR Part 1026) or the Truth in Lending Act (15 USC § 1601 et seq.).

"Registrant" means a person registered under Chapter 22.1.

B. Other terms used in this chapter shall have the meanings set forth in § 6.2-100 or 6.2-2228 of the Code of Virginia.

10VAC5-240-20. Registration; additional requirements; surrender of registration.

A. A provider or broker shall register with the commission in accordance with procedures established by the commissioner. A completed application for registration shall be accompanied by the initial registration fee prescribed in § 6.2-2230 of the Code of Virginia and any information relating to the application that the commissioner may require.

B. Every provider or broker shall (i) be organized under the laws of Virginia; or (ii) if not organized under the laws of Virginia, obtain authority to transact business in Virginia as a foreign entity in accordance with the provisions of Title 13.1 of the Code of Virginia unless such provider or broker is not required to obtain such authority. Every provider or broker, either organized under the laws of Virginia or who has obtained authority to transact business in Virginia as a foreign entity, shall continuously remain authorized to transact business in Virginia under Title 13.1 of the Code of Virginia.

C. A registrant shall notify the bureau in writing within 10 days of any change to either its name or contact information.

D. A registrant may surrender its registration by providing written notice to the bureau along with the effective date of the surrender.

10VAC5-240-30. Sales-Based Financing Disclosure Form.

A. A provider shall furnish a completed Sales-Based Financing Disclosure Form to every recipient at the time the provider extends a specific offer of sales-based financing to the recipient. The format of the Sales-Based Financing Disclosure Form shall be prescribed by the commission.

B. If any information required by the Sales-Based Financing Disclosure Form is inapplicable, the provider shall enter "Not Applicable" or "N/A" in the space provided.

C. If any information required by the Sales-Based Financing Disclosure Form does not fit within the space provided on the first page of the form, the provider shall (i) insert a check mark or "X" in the "SEE PAGE 2" box that appears within the applicable section of the first page, (ii) insert a check mark or "X" in each applicable box on the second page of the form, (iii) disclose the information in the large box on the second page of the form, (iv) furnish a recipient with both pages of the completed form, and (v) require the recipient to sign and date both pages of the completed form. A provider may elect to furnish a recipient with the second page of the form even though all of the required information fits on the first page provided that the provider enters "Not Applicable" or "N/A" in the large box on the second page.

D. A provider shall not give a recipient a Sales-Based Financing Disclosure Form that contains any false or misleading information. The Sales-Based Financing Disclosure Form shall be furnished to a recipient as a separate document from any other contracts, agreements, papers, notices, or other disclosures provided to the recipient, but it may be mailed or transmitted in a package or electronic file that contains other documents. A provider shall not modify the prescribed format of the Sales-Based Financing Disclosure Form, or either append to or include within it any information that is not required by this form.

E. A provider shall require a recipient to sign and date the Sales-Based Financing Disclosure Form at the time the recipient accepts the provider's offer. A provider may obtain a recipient’s electronic signature on the Sales-Based Financing Disclosure Form if the provider complies with all applicable provisions of the Uniform Electronic Transactions Act (§ 59.1-479 et seq. of the Code of Virginia), the Electronic Signatures in Global and National Commerce Act (15 USC § 7001 et seq.), and any other applicable laws.

F. A provider shall provide a recipient with the Sales-Based Financing Disclosure Form in a format that the recipient may retain. This includes a hard copy or electronic document that the recipient can save for future reference.

G. If a recipient elects to pay off or refinance the sales-based financing prior to full repayment, a provider shall furnish the recipient with an updated and completed Sales-Based Financing Disclosure Form that contains the information as of the date that the sales-based financing is paid off or refinanced. The provider shall comply with subsections B through F of this section in connection with the updated Sales-Based Financing Disclosure Form. The provider shall require a recipient to sign and date the updated Sales-Based Financing Disclosure Form at the time the recipient pays off or refinances the sales-based financing.

10VAC5-240-40. Commission authority.

The commission may, at its discretion, waive or grant exceptions to any provision of this chapter for good cause shown.

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 (10VAC5-240)

Sales-Based Financing Disclosure Form (eff. 7/2022)

VA.R. Doc. No. R22-7168; Filed May 04, 2022
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Title of Regulation: 12VAC30-122. Community Waiver Services for Individuals with Developmental Disabilities.

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

FORMS (12VAC30-122)

Supports Intensity Scale - Adult VersionTM (ages 16 and up), SIS-A, copyright 2015, American Association on Intellectual and Developmental Disabilities

Supports Intensity Scale - Children's VersionTM (ages 5-16), SIS-C, copyright 2016, American Association on Intellectual and Developmental Disabilities

Virginia Supplemental Questions (eff. 10/2014)

Virginia Developmental Disabilities Autism Competencies, DMAS P-201 (rev. 9/2017)

Medicaid Long-Term Care Communication Form, DMAS-225 (rev. 12/2015)

Virginia Individual Developmental Disabilities Eligibility Survey - Infants' Version, DMAS-P235 (eff. 3/2016)

Virginia Individual Developmental Disabilities Eligibility Survey - Children's Version, DMAS-P236 (eff. 4/2016)

Virginia Individual Developmental Disabilities Eligibility Survey - Adult Version, DMAS-P237 (eff. 3/2016)

Virginia Developmental Disabilities Behavioral Competencies, DMAS P241a (rev. 9/2017)

Developmental Disabilities DSP and Supervisor Competencies Checklist, DMAS 241a (eff. 7/2021)

Direct Support Professional Assurance to Confirm Successful Completion of Training and Testing Requirements for the DD Waivers, DMAS P242a (eff. 5/2021)

Department of Behavioral Health and Developmental Services Health Competencies Checklist, DMAS P244a (rev. 1/2017)

Supervisor Assurance, DMAS P245a (eff. 7/2021)

Community Housing Guide: Housing Road Map (eff. 10/2019)

Community Housing Guide: Tenant Screening (eff. 10/2019)

Family and Individual Supports Request for Supervision Hours in Personal Assistance, DMAS-P257 (eff. 5/2021)

Community Learning Request for Supervision Hours in Personal Assistance, DMAS-P257 (eff. 5/2021)

VA.R. Doc. No. R22-7186; Filed May 02, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC15-20. Virginia Asbestos Licensing Regulations.

18VAC15-30. Virginia Lead-Based Paint Activities Regulations.

18VAC15-40. Home Inspector Licensing Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC15-20)

Asbestos Worker License Application, A506-3301LIC-v4 (rev. 8/2015)

Asbestos Supervisor License Application, A506-3302LIC-v4 (rev. 8/2015)

Asbestos Inspector License Application, A506-3303LIC-v5 (rev. 8/2015)

Asbestos Management Planner License Application, A506-3304LIC-v4 (rev. 8/2015)

Asbestos Project Designer License Application, A506-3305LIC-v4 (rev. 8/2015)

Asbestos Project Monitor License Application, A506-3309LIC-v5 (rev. 8/2015)

Individual - Asbestos License Renewal Form, A506-33AREN-v5 (rev. 2/2020)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-v6 (rev. 2/2020)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-v5 (rev. 2/2020)

Individual - Asbestos License Renewal Form, A506-33AREN-vs7 (rev. 4/2021)

Contractor - Asbestos and Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-vs8 (rev. 4/2021)

Asbestos - Experience Verification Application, A506-33AEXP-v5 (rev. 3/2019)

Asbestos - Education Verification Application, A506-33AED-v3 (rev. 8/2015)

Virginia Asbestos Licensing Consumer Information Sheet, A506-33ACIS-v2 (rev. 8/2013)

Inspector/Project Designer/Contractor Disclosure Form, A506-33DIS-v2 (rev. 8/2013)

Asbestos Contractor License Application, A506-3306LIC-v6 (rev. 5/2020)

Asbestos Analytical Laboratory License Application, A506-3333LIC-v8 (rev. 5/2020)

Asbestos Analytical Laboratory - Branch Office Application, A506-3333BR-vs2 (rev. 12/2019)

Change of Laboratory Analysis Type Form, A506-3333COA-v1 (rev. 9/2019)

Asbestos Training Program Review and Audit Application, A506-3331ACRS-v5 (rev. 5/2020)

Asbestos Project Monitor - Work Experience Log, A506-3309EXP-v3 (rev. 8/2015)

FORMS (18VAC15-30)

Lead Abatement Worker License Application, A506-3351LIC-v3 (eff. 8/2015)

Lead Abatement Supervisor License Application, A506-3353LIC-v4 (eff. 8/2015)

Lead Abatement Inspector License Application, A506-3355LIC-v3 (eff. 8/2015)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v5 (eff. 8/2015)

Lead Abatement Project Designer License Application, A506-3357LIC-v3 (eff. 8/2015)

Lead Abatement Contractor License Application, A506-3358LIC-v5 (eff. 7/2020)

Lead Abatement Worker License Application, A506-3351LIC-v4 (eff. 12/2021)

Lead Abatement Supervisor License Application, A506-3353LIC-v5 (eff. 12/2021)

Lead Abatement Inspector License Application, A506-3355LIC-v4 (eff. 12/2021)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v6 (eff. 12/2021)

Lead Abatement Project Designer License Application, A506-3357LIC-v4 (eff. 12/2021)

Lead Abatement Contractor License Application, A506-3358LIC-v6 (eff. 12/2021)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Individual - Lead License Renewal Form, A506-33LREN-vs6 (rev. 4/2021)

Lead - Education Verification Application, A506-33LED-v3 (rev. 8/2015)

Lead - Experience Verification Application, A506-33LEXP-v3 (rev. 8/2015)

Lead Training Course Application, 3331LCRS-v5 (eff. 5/2020)

Inspector/Risk Assessor/Project Designer/Contractor Disclosure Form, A506-33LDIS-v2 (eff. 8/2013)

Virginia Lead Licensing Consumer Information Sheet, A506-33LCIS-v2 (eff. 8/2013)

FORMS (18VAC15-40)

Home Inspector License Application, A506-3380LIC-v3 (eff. 9/2017)

Home Inspector License Application, A506-3380LIC-v4 (eff. 12/2021)

Home Inspector NRS Specialty Designation Application, A506-3380NRS-v1 (eff. 7/2017)

Home Inspector Experience Verification Form, A506-3380EXP-v7 (eff. 9/2017)

Home Inspectors – Inspection Log, A506-3380ILOG-v1 (eff. 9/2017)

Home Inspector Reinstatement Application, A506-3380REI-v4 (eff. 2/2022)

Home Inspector - Course Approval Application, Prelicense Education Course/NRS Training Module/NRS CPE, A506-3331HICRS-v3 (eff. 2/2020)

VA.R. Doc. No. R22-7134; Filed April 28, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC15-20. Virginia Asbestos Licensing Regulations.

18VAC15-30. Virginia Lead-Based Paint Activities Regulations.

18VAC15-40. Home Inspector Licensing Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC15-20)

Asbestos Worker License Application, A506-3301LIC-v4 (rev. 8/2015)

Asbestos Supervisor License Application, A506-3302LIC-v4 (rev. 8/2015)

Asbestos Inspector License Application, A506-3303LIC-v5 (rev. 8/2015)

Asbestos Management Planner License Application, A506-3304LIC-v4 (rev. 8/2015)

Asbestos Project Designer License Application, A506-3305LIC-v4 (rev. 8/2015)

Asbestos Project Monitor License Application, A506-3309LIC-v5 (rev. 8/2015)

Individual - Asbestos License Renewal Form, A506-33AREN-v5 (rev. 2/2020)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-v6 (rev. 2/2020)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-v5 (rev. 2/2020)

Individual - Asbestos License Renewal Form, A506-33AREN-vs7 (rev. 4/2021)

Contractor - Asbestos and Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-vs8 (rev. 4/2021)

Asbestos - Experience Verification Application, A506-33AEXP-v5 (rev. 3/2019)

Asbestos - Education Verification Application, A506-33AED-v3 (rev. 8/2015)

Virginia Asbestos Licensing Consumer Information Sheet, A506-33ACIS-v2 (rev. 8/2013)

Inspector/Project Designer/Contractor Disclosure Form, A506-33DIS-v2 (rev. 8/2013)

Asbestos Contractor License Application, A506-3306LIC-v6 (rev. 5/2020)

Asbestos Analytical Laboratory License Application, A506-3333LIC-v8 (rev. 5/2020)

Asbestos Analytical Laboratory - Branch Office Application, A506-3333BR-vs2 (rev. 12/2019)

Change of Laboratory Analysis Type Form, A506-3333COA-v1 (rev. 9/2019)

Asbestos Training Program Review and Audit Application, A506-3331ACRS-v5 (rev. 5/2020)

Asbestos Project Monitor - Work Experience Log, A506-3309EXP-v3 (rev. 8/2015)

FORMS (18VAC15-30)

Lead Abatement Worker License Application, A506-3351LIC-v3 (eff. 8/2015)

Lead Abatement Supervisor License Application, A506-3353LIC-v4 (eff. 8/2015)

Lead Abatement Inspector License Application, A506-3355LIC-v3 (eff. 8/2015)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v5 (eff. 8/2015)

Lead Abatement Project Designer License Application, A506-3357LIC-v3 (eff. 8/2015)

Lead Abatement Contractor License Application, A506-3358LIC-v5 (eff. 7/2020)

Lead Abatement Worker License Application, A506-3351LIC-v4 (eff. 12/2021)

Lead Abatement Supervisor License Application, A506-3353LIC-v5 (eff. 12/2021)

Lead Abatement Inspector License Application, A506-3355LIC-v4 (eff. 12/2021)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v6 (eff. 12/2021)

Lead Abatement Project Designer License Application, A506-3357LIC-v4 (eff. 12/2021)

Lead Abatement Contractor License Application, A506-3358LIC-v6 (eff. 12/2021)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Individual - Lead License Renewal Form, A506-33LREN-vs6 (rev. 4/2021)

Lead - Education Verification Application, A506-33LED-v3 (rev. 8/2015)

Lead - Experience Verification Application, A506-33LEXP-v3 (rev. 8/2015)

Lead Training Course Application, 3331LCRS-v5 (eff. 5/2020)

Inspector/Risk Assessor/Project Designer/Contractor Disclosure Form, A506-33LDIS-v2 (eff. 8/2013)

Virginia Lead Licensing Consumer Information Sheet, A506-33LCIS-v2 (eff. 8/2013)

FORMS (18VAC15-40)

Home Inspector License Application, A506-3380LIC-v3 (eff. 9/2017)

Home Inspector License Application, A506-3380LIC-v4 (eff. 12/2021)

Home Inspector NRS Specialty Designation Application, A506-3380NRS-v1 (eff. 7/2017)

Home Inspector Experience Verification Form, A506-3380EXP-v7 (eff. 9/2017)

Home Inspectors – Inspection Log, A506-3380ILOG-v1 (eff. 9/2017)

Home Inspector Reinstatement Application, A506-3380REI-v4 (eff. 2/2022)

Home Inspector - Course Approval Application, Prelicense Education Course/NRS Training Module/NRS CPE, A506-3331HICRS-v3 (eff. 2/2020)

VA.R. Doc. No. R22-7134; Filed April 28, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC15-20. Virginia Asbestos Licensing Regulations.

18VAC15-30. Virginia Lead-Based Paint Activities Regulations.

18VAC15-40. Home Inspector Licensing Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC15-20)

Asbestos Worker License Application, A506-3301LIC-v4 (rev. 8/2015)

Asbestos Supervisor License Application, A506-3302LIC-v4 (rev. 8/2015)

Asbestos Inspector License Application, A506-3303LIC-v5 (rev. 8/2015)

Asbestos Management Planner License Application, A506-3304LIC-v4 (rev. 8/2015)

Asbestos Project Designer License Application, A506-3305LIC-v4 (rev. 8/2015)

Asbestos Project Monitor License Application, A506-3309LIC-v5 (rev. 8/2015)

Individual - Asbestos License Renewal Form, A506-33AREN-v5 (rev. 2/2020)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-v6 (rev. 2/2020)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-v5 (rev. 2/2020)

Individual - Asbestos License Renewal Form, A506-33AREN-vs7 (rev. 4/2021)

Contractor - Asbestos and Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Asbestos Analytical Laboratory License Renewal/Branch Office Renewal Form, A506-3333_34REN-vs8 (rev. 4/2021)

Asbestos - Experience Verification Application, A506-33AEXP-v5 (rev. 3/2019)

Asbestos - Education Verification Application, A506-33AED-v3 (rev. 8/2015)

Virginia Asbestos Licensing Consumer Information Sheet, A506-33ACIS-v2 (rev. 8/2013)

Inspector/Project Designer/Contractor Disclosure Form, A506-33DIS-v2 (rev. 8/2013)

Asbestos Contractor License Application, A506-3306LIC-v6 (rev. 5/2020)

Asbestos Analytical Laboratory License Application, A506-3333LIC-v8 (rev. 5/2020)

Asbestos Analytical Laboratory - Branch Office Application, A506-3333BR-vs2 (rev. 12/2019)

Change of Laboratory Analysis Type Form, A506-3333COA-v1 (rev. 9/2019)

Asbestos Training Program Review and Audit Application, A506-3331ACRS-v5 (rev. 5/2020)

Asbestos Project Monitor - Work Experience Log, A506-3309EXP-v3 (rev. 8/2015)

FORMS (18VAC15-30)

Lead Abatement Worker License Application, A506-3351LIC-v3 (eff. 8/2015)

Lead Abatement Supervisor License Application, A506-3353LIC-v4 (eff. 8/2015)

Lead Abatement Inspector License Application, A506-3355LIC-v3 (eff. 8/2015)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v5 (eff. 8/2015)

Lead Abatement Project Designer License Application, A506-3357LIC-v3 (eff. 8/2015)

Lead Abatement Contractor License Application, A506-3358LIC-v5 (eff. 7/2020)

Lead Abatement Worker License Application, A506-3351LIC-v4 (eff. 12/2021)

Lead Abatement Supervisor License Application, A506-3353LIC-v5 (eff. 12/2021)

Lead Abatement Inspector License Application, A506-3355LIC-v4 (eff. 12/2021)

Lead Abatement Risk Assessor License Application, A506-3356LIC-v6 (eff. 12/2021)

Lead Abatement Project Designer License Application, A506-3357LIC-v4 (eff. 12/2021)

Lead Abatement Contractor License Application, A506-3358LIC-v6 (eff. 12/2021)

Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-vs9 (rev. 4/2021)

Individual - Lead License Renewal Form, A506-33LREN-vs6 (rev. 4/2021)

Lead - Education Verification Application, A506-33LED-v3 (rev. 8/2015)

Lead - Experience Verification Application, A506-33LEXP-v3 (rev. 8/2015)

Lead Training Course Application, 3331LCRS-v5 (eff. 5/2020)

Inspector/Risk Assessor/Project Designer/Contractor Disclosure Form, A506-33LDIS-v2 (eff. 8/2013)

Virginia Lead Licensing Consumer Information Sheet, A506-33LCIS-v2 (eff. 8/2013)

FORMS (18VAC15-40)

Home Inspector License Application, A506-3380LIC-v3 (eff. 9/2017)

Home Inspector License Application, A506-3380LIC-v4 (eff. 12/2021)

Home Inspector NRS Specialty Designation Application, A506-3380NRS-v1 (eff. 7/2017)

Home Inspector Experience Verification Form, A506-3380EXP-v7 (eff. 9/2017)

Home Inspectors – Inspection Log, A506-3380ILOG-v1 (eff. 9/2017)

Home Inspector Reinstatement Application, A506-3380REI-v4 (eff. 2/2022)

Home Inspector - Course Approval Application, Prelicense Education Course/NRS Training Module/NRS CPE, A506-3331HICRS-v3 (eff. 2/2020)

VA.R. Doc. No. R22-7134; Filed April 28, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC48-45. Time-Share Regulations.

18VAC48-50. Common Interest Community Manager Regulations.

18VAC48-70. Common Interest Community Ombudsman Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC48-45)

Time-Share Registration/Amendment Application A492-0515REG-v4 (eff. 4/2020)

Time-Share Annual Report A492-0515ANRPT-v5 (eff. 1/2020)

Time-Share Building Status Form A492-0515BLDST-v1 (eff. 9/2013)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v3 (eff. 1/2020)

Time-Share Registration/Amendment Application A492-0515REG-v6 (eff. 5/2021)

Time-Share Program Annual Report A492-0515ANRPT-v6 (eff. 3/2021)

Time-Share Building Status Form A492-0515BLDST-v2 (eff. 3/2021)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v4 (eff. 3/2021)

Time-Share Exchange Program Registration Application A492-0516REG-v3 (eff. 4/2020)

Time-Share Exchange Program Annual Report A492-0516ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v3 (eff. 4/2020)

Alternative Purchase Annual Report A492-0524ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v4 (eff. 3/2021)

Alternative Purchase Annual Report A492-0524ANRPT-v3 (eff. 3/2021)

Time-Share Reseller Registration Application A492-0525REG-v4 (eff. 4/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

FORMS (18VAC48-50)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v6 (rev. 12/2021)

Common Interest Community Manager License Renewal Application, A492-0501REN-v4 (rev. 11/2019)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v3 (rev. 12/2021)

Common Interest Community Manager Training Program Approval Application, A492-05TRAPRV-v3 (rev. 10/2018)

Experience Verification Form, A492-0501_10EXPv2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v5 (rev. 4/2020)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v2 (rev. 10/2018)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v3 (rev. 12/2021)

Principal or Supervisory Employee Certificate Renewal Form, A492-0510REN-v2 (rev. 10/2018)

Common Interest Community Manager Application Supplement Comprehensive Training Program Equivalency Form, A492-0501TREQ-v2 (rev. 10/2018)

FORMS (18VAC48-70)

Common Interest Community Complaint Form, F491-CICCOMP-v3 (rev. 12/2019)

Notice of Final Adverse Decision, F491-CICNOTE-v1 (eff. 12/2019)

Waiver of Filing Fee Request Form, F491-CICFW-v2 (eff. 12/2019)

Common Interest Community Complaint Form, F491-CICCOMP-vs4 (rev. 4/2022)

Notice of Final Adverse Decision, F491-CICNOTE-vs3 (eff. 4/2022)

Waiver of Filing Fee Request Form, F491-CICFW-vs3 (eff. 4/2022)

VA.R. Doc. No. R22-6704; Filed April 28, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC48-45. Time-Share Regulations.

18VAC48-50. Common Interest Community Manager Regulations.

18VAC48-70. Common Interest Community Ombudsman Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC48-45)

Time-Share Registration/Amendment Application A492-0515REG-v4 (eff. 4/2020)

Time-Share Annual Report A492-0515ANRPT-v5 (eff. 1/2020)

Time-Share Building Status Form A492-0515BLDST-v1 (eff. 9/2013)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v3 (eff. 1/2020)

Time-Share Registration/Amendment Application A492-0515REG-v6 (eff. 5/2021)

Time-Share Program Annual Report A492-0515ANRPT-v6 (eff. 3/2021)

Time-Share Building Status Form A492-0515BLDST-v2 (eff. 3/2021)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v4 (eff. 3/2021)

Time-Share Exchange Program Registration Application A492-0516REG-v3 (eff. 4/2020)

Time-Share Exchange Program Annual Report A492-0516ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v3 (eff. 4/2020)

Alternative Purchase Annual Report A492-0524ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v4 (eff. 3/2021)

Alternative Purchase Annual Report A492-0524ANRPT-v3 (eff. 3/2021)

Time-Share Reseller Registration Application A492-0525REG-v4 (eff. 4/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

FORMS (18VAC48-50)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v6 (rev. 12/2021)

Common Interest Community Manager License Renewal Application, A492-0501REN-v4 (rev. 11/2019)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v3 (rev. 12/2021)

Common Interest Community Manager Training Program Approval Application, A492-05TRAPRV-v3 (rev. 10/2018)

Experience Verification Form, A492-0501_10EXPv2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v5 (rev. 4/2020)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v2 (rev. 10/2018)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v3 (rev. 12/2021)

Principal or Supervisory Employee Certificate Renewal Form, A492-0510REN-v2 (rev. 10/2018)

Common Interest Community Manager Application Supplement Comprehensive Training Program Equivalency Form, A492-0501TREQ-v2 (rev. 10/2018)

FORMS (18VAC48-70)

Common Interest Community Complaint Form, F491-CICCOMP-v3 (rev. 12/2019)

Notice of Final Adverse Decision, F491-CICNOTE-v1 (eff. 12/2019)

Waiver of Filing Fee Request Form, F491-CICFW-v2 (eff. 12/2019)

Common Interest Community Complaint Form, F491-CICCOMP-vs4 (rev. 4/2022)

Notice of Final Adverse Decision, F491-CICNOTE-vs3 (eff. 4/2022)

Waiver of Filing Fee Request Form, F491-CICFW-vs3 (eff. 4/2022)

VA.R. Doc. No. R22-6704; Filed April 28, 2022
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Forms

REGISTRAR'S NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Titles of Regulations: 18VAC48-45. Time-Share Regulations.

18VAC48-50. Common Interest Community Manager Regulations.

18VAC48-70. Common Interest Community Ombudsman Regulations.

Agency Contact: Joseph Haughwout, Regulatory Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2684, or email joseph.haughwout@dpor.virginia.gov.

FORMS (18VAC48-45)

Time-Share Registration/Amendment Application A492-0515REG-v4 (eff. 4/2020)

Time-Share Annual Report A492-0515ANRPT-v5 (eff. 1/2020)

Time-Share Building Status Form A492-0515BLDST-v1 (eff. 9/2013)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v3 (eff. 1/2020)

Time-Share Registration/Amendment Application A492-0515REG-v6 (eff. 5/2021)

Time-Share Program Annual Report A492-0515ANRPT-v6 (eff. 3/2021)

Time-Share Building Status Form A492-0515BLDST-v2 (eff. 3/2021)

Time-Share Bond/Letter of Credit Verification Form A492-0515BOND-v4 (eff. 3/2021)

Time-Share Exchange Program Registration Application A492-0516REG-v3 (eff. 4/2020)

Time-Share Exchange Program Annual Report A492-0516ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v3 (eff. 4/2020)

Alternative Purchase Annual Report A492-0524ANRPT-v2 (eff. 1/2020)

Alternative Purchase Registration Application A492-0524REG-v4 (eff. 3/2021)

Alternative Purchase Annual Report A492-0524ANRPT-v3 (eff. 3/2021)

Time-Share Reseller Registration Application A492-0525REG-v4 (eff. 4/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

Time-Share Reseller Lead Dealer Change Form A492-0525LDCHG-v2 (eff. 1/2020)

FORMS (18VAC48-50)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v6 (rev. 12/2021)

Common Interest Community Manager License Renewal Application, A492-0501REN-v4 (rev. 11/2019)

Common Interest Community Manager Change of Personnel Form, A492-0501MGTCHG-v3 (rev. 12/2021)

Common Interest Community Manager Training Program Approval Application, A492-05TRAPRV-v3 (rev. 10/2018)

Experience Verification Form, A492-0501_10EXPv2 (rev. 10/2018)

Common Interest Community Manager License Application, A492-0501LIC-v5 (rev. 4/2020)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v2 (rev. 10/2018)

Common Interest Community Manager Principal or Supervisory Employee Certificate Application, A492-0510CERT-v3 (rev. 12/2021)

Principal or Supervisory Employee Certificate Renewal Form, A492-0510REN-v2 (rev. 10/2018)

Common Interest Community Manager Application Supplement Comprehensive Training Program Equivalency Form, A492-0501TREQ-v2 (rev. 10/2018)

FORMS (18VAC48-70)

Common Interest Community Complaint Form, F491-CICCOMP-v3 (rev. 12/2019)

Notice of Final Adverse Decision, F491-CICNOTE-v1 (eff. 12/2019)

Waiver of Filing Fee Request Form, F491-CICFW-v2 (eff. 12/2019)

Common Interest Community Complaint Form, F491-CICCOMP-vs4 (rev. 4/2022)

Notice of Final Adverse Decision, F491-CICNOTE-vs3 (eff. 4/2022)

Waiver of Filing Fee Request Form, F491-CICFW-vs3 (eff. 4/2022)

VA.R. Doc. No. R22-6704; Filed April 28, 2022
TITLE 19. PUBLIC SAFETY
DEPARTMENT OF STATE POLICE
Final

REGISTRAR'S NOTICE: The following regulatory action is exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act in accordance with § 9.1-915 of the Code of Virginia, which provides that regulations and forms promulgated to implement and enforce Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 of the Code of Virginia shall not be subject to Article 2 of the Administrative Process Act.

Title of Regulation: 19VAC30-170. Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors Registry (amending 19VAC30-170-30).

Statutory Authority: § 9.1-915 of the Code of Virginia.

Effective Date: June 24, 2022.

Agency Contact: Kirk Marlowe, Regulatory Coordinator, Bureau of Administrative and Support Services, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2936, or email kirk.marlowe@vsp.virginia.gov.

Summary:

The amendments clarify that (i) the issuance of a simple pardon or restoration of rights does not result in removal from the Sex Offender and Crimes Against Minors Registry and (ii) an expungement does not include expungements of charges for which a person was convicted.

19VAC30-170-30. Expungement from Sex Offender and Crimes against Minors Registry; petition for removal.

A. Upon receipt of a certified copy of a death certificate recording the death of any person registered with the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. If available, a set of fingerprints should accompany the death certificate.

B. Upon receipt of a duly attested copy of a pardon an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the pardoned person has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.

C. Upon receipt of a report from any clerk of a circuit court or other court of competent jurisdiction that any conviction previously reported to the Sex Offender and Crimes against Minors Registry has been reversed, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction is reversed has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.

D. Upon receipt of a certified copy of an order of expungement entered pursuant to §§ 19.2-298.3 or § 19.2-392.2 of the Code of Virginia or the laws of the United States or any political subdivision thereof, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction has been expunged has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. An expungement for purposes of this subsection must be the result of an acquittal, a nolle prosequi, or dismissal of charges.

VA.R. Doc. No. R22-7144; Filed April 21, 2022