STATE CORPORATION COMMISSION

Bureau of Insurance

June 15, 2009

Administrative Letter 2009-06

To: All Insurers Licensed To Write Accident and Sickness Insurance in Virginia and All Health Services Plans Licensed In Virginia, and Other Interested Parties

Re: 2009 House Bill 2024 and Senate Bill 1411

Virginia Code §§ 38.2-3406.1 and 38.2-3406.2

The purpose of this Administrative Letter is to provide guidance to insurers and health services plans that may be interested in developing one or more contracts or plans of "basic health insurance coverage" in accordance Virginia Code §§ 38.2-3406.1 and 38.2-3406.2, enacted by the Virginia General Assembly during its 2009 legislative session.  For purposes of this letter, the term "basic health insurance coverage" means a group policy or subscription contract providing accident and sickness insurance coverage, offered or issued by a health insurer or health services plan, to small employers.

The full text of House Bill 2024 and Senate Bill 1411, both of which amend the Code of Virginia by adding Virginia Code §§ 38.2-3406.1 and 38.2-3406.2, may be obtained at http://legis.state.va.us/. Both bills establish additional requirements and define terms applicable to the "basic health insurance coverage" product that are not addressed in this letter. Both bills also amend or reenact other Virginia Code sections.  Carriers are therefore strongly advised to review both bills in their entirety.

In accordance with the provisions of §§ 38.2-3406.1 and 38.2-3406.2, group accident and sickness policies or subscription contracts sold or issued by health insurers or health services plans to small employers may include "any or none" of the state-mandated health benefits, with the exception of the following state-mandated benefits, for which coverage must be included:

· § 38.2-3418.1 - coverage for mammograms

· § 38.2-3418.1:2 - coverage for pap smears

· § 38.2-3418.7 - coverage for PSA testing

· § 38.2-3418.7:1 - colorectal cancer screening

In addition, to the extent that health care services covered by these policies or subscription contracts may be legally rendered by a health care provider listed in Virginia Code § 38.2-3408, the "basic health insurance coverage" product must allow for the reimbursement of such covered services when rendered by such a provider.

In connection with any and all products developed in accordance with § 38.2 3406.1, the Bureau of Insurance (the Bureau), will expect and require the following:

· The intended purpose of any and all forms developed in accordance with § 38.2 3406.1 must be clearly disclosed when the forms are submitted to the Bureau for approval.

· Policy forms, subscription contracts, certificate forms or other evidences of coverage furnished to small employers and their employees must prominently disclose any and all state-mandated health benefits that the policies or subscription contracts do not provide.

· Application and enrollment forms must include the following:

1. A prominent disclosure that the policy or contract is not required to provide all state-mandated health benefits, along with the specific state-mandated health benefits that the policy or subscription contract does not provide; and

2. A clear description of any and all eligibility requirements applicable to each employee.

The bills also direct carriers offering these plans to report information identified below to the Bureau, from which reports relating to these p lans will be made to the Governor and the General Assembly on August 1, 2010 and August 1, 2011.  To that end, carriers are also expected and required to maintain any and all records relating to the following. Specific instructions for reporting this information will be furnished at a later date:

(1) the number of small employers and the number of individuals covered by basic health insurance coverage plans;

(2) the state-mandated health benefits covered under each basic health insurance coverage plan issued; and

(3) the premium cost and out-of-pocket expenses for each plan.

Questions regarding this letter may be directed to: Deborah Sale, Senior Insurance Market Examiner, Life and Health Division, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9110, FAX (804) 371-9944, or email deborah.sale@scc.virginia.gov.

/s/ Alfred W. Gross

Commissioner of Insurance

* * * * * * * *

June 12, 2009

Administrative Letter 2009-07

To: All Companies Licensed under Chapter 10, 11, 12, 25, 26, 40, 41, 42, 43, 44, 45, 46 or 61 of Title 38.2 of the Code of Virginia

Re:  Five Year Rotation of Certified Public Accountants

        Rules Governing Annual Audited Financial Reports

(Rules Governing Annual Financial Reporting - 14VAC5-270)

Withdrawal of Administrative Letter 2000-04

The provisions of this administrative letter, effective January 1, 2010, replace the provisions of Administrative Letter 2000-04.

The purpose of this letter is to inform insurers and other affected parties that, pursuant to 14VAC5-270-80 D, no partner or other person responsible for rendering an annual audited financial report may act in that capacity for more than five consecutive years. This five year rotation requirement replaces the current seven year rotation requirement effective January 1, 2010.

An order adopting revisions to the "Rules Governing Annual Audited Financial Reports" was entered on January 23, 2008. The revisions to the rules will become effective on January 1, 2010, at which time the rules will be renamed to the "Rules Governing Annual Financial Reporting." The revisions to subsection 14VAC5-270-80 D changes the seven year CPA rotation requirement to a five year rotation requirement for audits of the year beginning January 1, 2010, and thereafter. Insurers and other affected parties are reminded that any partner or other person who has been responsible for rendering the annual audited financial report for the period ending December 31, 2005, and all subsequent years to date shall be disqualified from acting in that or a similar capacity for the insurer, or its insurance subsidiaries or affiliates, with respect to the audited financial reports filed for the period ending December 31, 2010, through December 31, 2014. An insurer may request relief from this rotation requirement based on the existence of unusual circumstances. The Bureau may consider the following factors in determining if relief should be granted:

1. The number of partners, expertise of the partners, or the number of insurance clients in the currently registered firm;

2. The premium volume of the insurer; or

3. The number of jurisdictions in which the insurer transacts business.

Written requests for relief from this rotation requirement should address the factors listed above, and identify also the person and, if applicable, the title of the person or persons responsible for rendering the annual audited financial reports for each of the last five years. A foreign or alien company seeking relief shall include with its request a letter from its domiciliary regulator specifying the reason relief was granted in the domiciliary jurisdiction and, if applicable, explaining the conditions of the relief granted. Written requests for relief in connection with audited financial reports for years ending December 31, 2010, and beyond should be received by the Bureau no later than December 1 of the reporting year.

All companies which are required to file an annual audited financial report pursuant to 14VAC5-270-30, including foreign and alien insurers, must comply with the requirements as set forth in 14VAC5-270-80 D and as restated in this letter.

Insurers and other affected parties are reminded also that the letter required by 14VAC5-270-130 should indicate compliance with 14VAC5-270-80 by disclosing the number of years the engagement partner (partner responsible for rendering an annual audited financial report) has served in that capacity with respect to the company.

Questions from domestic insurers regarding the implementation of the contents of this letter should be directed to: Gregory T. Chew, Supervisor, Financial Analysis Section, Domestic Companies, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9214, or email greg.chew@scc.virginia.gov.

Questions from health maintenance organizations regarding the implementation of the contents of this letter should be directed to: Andy R. Delbridge, Supervisor, Company Licensing and Regulatory Compliance Section, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9616, or email andy.delbridge@scc.virginia.gov.

Questions from foreign insurers regarding the implementation of the contents of this letter should be directed to: Gregory D. Walker, Supervisor, Financial Analysis Section, Non-Domestic Companies, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9604, or email greg.walker@scc.virginia.gov.

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Virginia Department of Environmental Quality

Notice of Availability of 2008 Fish Tissue Monitoring Data

Notice of Availability of 2008 Fish Tissue Monitoring Data

Pursuant to § 62.1-44.19:6 A 3 the Virginia Department of Environmental Quality (DEQ) is giving notice that new data concerning the presence of toxic contaminants in fish tissue are available for calendar year 2008. Fish monitoring in 2008 was performed at selected sites in the following river basins in Virginia: the York River watershed (Mattaponi River, South Anna, North Anna including Lake Anna and Pamunkey River drainages), the Chesapeake Bay Small Coastal and Atlantic Ocean Small Coastal drainages, and the Potomac River and James River watersheds.

The new data have been posted on the DEQ website at http://www.deq.virginia.gov/fishtissue/fishtissue.html. All other data for fish and/or sediments analyzed by DEQ between 1993 and 2007 can also be found on this website.

For additional information contact Gabriel Darkwah at (804) 698-4127, toll free 1-800-592-5482, or via email gabriel.darkwah@deq.virginia.gov.

Proposed Consent Order - Tascon Group, Inc.

An enforcement action has been proposed for Tascon Group, Inc. for alleged violations at the Harvest Glen development in Chesterfield County. The proposed consent order describes the alleged violations, requires corrective action and contains a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Allison Dunaway will accept comments by email at acdunaway@deq.virginia.gov, FAX (804) 527-5106 or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 6, 2009, to August 6, 2009.

Development of TMDL Implementation Plan - Upper Nansemond River Watershed

The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation (DCR), the Hampton Roads Planning District Commission, Isle of Wight County, and the City of Suffolk invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Upper Nansemond River Watershed. Water quality monitoring indicates that bacteria levels in the Nansemond River violate Virginia's water quality standards for shellfishing and primary contact recreation. A total maximum daily load (TMDL) study for the impairments was approved by EPA in 2006 and is available on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/nanshgl.pdf

The implementation plan will identify ways to meet the pollutant reductions outlined in the TMDL study.

The first public meeting to begin development of the TMDL Implementation Plan will be held on Thursday, July 9, 2009, at 6:30 p.m., King's Fork Middle School, 350 Kings Fork Road, Suffolk, VA 23434.

The purpose of the meeting is to discuss the proposed reductions in bacteria needed in the watershed and to solicit public participation for the IP development.  The IPs will include the corrective actions needed to reduce bacteria and the associated costs, benefits and environmental impacts.  The IPs will also provide measurable goals and a timeline of expected achievement of water quality objectives.  A fact sheet on the development of the IPs is available upon request.

How to comment: The public comment period on the development of the IP will end on August 10, 2009.  Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Jennifer Howell. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Howell, Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, FAX (757) 518-2003, or email jshowell@deq.virginia.gov or Jennifer Tribo, Hampton Roads Planning District Commission (HRPDC), 723 Woodlake Dr., Chesapeake, VA 23320, telephone (757) 366-4344, FAX (757) 523-4881, or email jtribo@hrpdc.org.

Restore Water Quality - Cripple Creek

Announcement of an effort to restore water quality in Cripple Creek located in Wythe County, Virginia.

Public meeting location: Speedwell Volunteer Fire Department in Speedwell, Virginia, on Thursday, July 23, 2009, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Second public meeting on a study to restore water quality.

Description of study: DEQ is working to identify sources of bacteria contamination in the waters of Cripple Creek. The "impaired" stream segments are estimated to be approximately 14.4 miles of Cripple Creek, including the lower mainstem from the New River confluence upstream to the Dean Branch confluence. It also includes the mainstem from the Dry Run confluence downstream to the Francis Mill Creek confluence. The last segment extends from the headwaters upstream of US Route 21, downstream to the confluence of Blue Spring Creek. The stream is impaired for failing to meet the recreational use because of fecal coliform bacteria violations.

A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. The plan will identify the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment:  DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number of the person commenting and be received by DEQ during the comment period, July 23, 2009, to August 24, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

Restore Water Quality - Elk Creek

Announcement of an effort to restore water quality in Elk Creek located in Grayson County, Virginia.

Public meeting location: Elk Creek Rescue Squad Building, on Tuesday, July 21, 2009, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Second public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of bacteria contamination in the waters of Elk Creek.  The "impaired" stream segments are estimated to be approximately 19.64 miles of Elk Creek, including the mainstem of Elk Creek from the confluence with New River upstream to the Comers Rock Branch confluence. The stream is impaired for failing to meet the recreational use because of fecal coliform bacteria violations.

A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. The plan will identify the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number of the person commenting and be received by DEQ during the comment period, July 21, 2009, to August 21, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688. telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

Restore Water Quality - Middle Fork Holston River

Announcement of an effort to restore water quality in Middle Fork Holston River in Smyth and Washington County, Virginia.

Public meeting location: Glade Spring Community Center in Glade Spring, Virginia, on Tuesday, July 28, 2009 from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Second public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Middle Fork Holston River. The "impaired" stream segments are estimated to be approximately 44.4 miles of the Middle Fork Holston River.  The stream is impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations.  The bacteria impairment extends from the Dutton Bridge confluence downstream to the Neff community.  The benthic impairment extends from the Rt. 91 bridge downstream to the Neff community.

During the study, the pollutants impairing the aquatic community will be identified and total maximum daily loads, or TMDLs, developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ will also determine the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, July 28, 2009, to August 28, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

Restore Water Quality - Morris Creek

Public meeting: July 15, 2009, at the Charles City County Government and School Board Administration Building Auditorium, 10900 Courthouse Road, Charles City, VA 23030. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are presenting the final draft report of a study to restore water quality, a public comment opportunity, and two public meetings.

Meeting description:  Final public meetings on a study to restore water quality of the recreation/swimming use of Morris Creek, which is impaired due to bacterial violations.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in Morris Creek. This impairment spans approximately 7.73 stream miles in Charles City County.  This stream is impaired for failure to meet the recreational (swimming) designated use because of bacterial water quality standard violations.

The study reports the current status of the creek via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination.  The study recommends total maximum daily loads, or TMDLs, for the impaired creek. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on Thursday, August 13, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804) 527-5106, or email mjsmigo@deq.virginia.gov.

Restore Water Quality - Wolf Creek

Announcement of an effort to restore water quality in Wolf Creek located in Washington County, Virginia.

Public meeting location: Glade Spring Community Center in Glade Spring, Virginia, on Tuesday, July 28, 2009, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Second public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of Wolf Creek. The "impaired" stream segments are estimated to be approximately 7.87 miles of Wolf Creek, from the lake backwaters upstream to the Town Creek confluence. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations.

During the study, the pollutants impairing the aquatic community will be identified and total maximum daily loads, or TMDLs, developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ will also determine the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number of the person commenting and be received by DEQ during the comment period, July 28, 2009, to August 28, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load - Middle River

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for Middle River and its tributaries in Augusta County.  The Upper Middle River, Lower Middle River, Moffett Creek, and Polecat Draft were originally listed as impaired in the 1996 303d Report.  All streams were listed for violations of the water quality standard for bacteria and the Upper Middle River segment and Moffett Creek were additionally listed for the general aquatic life (benthic) standard.  TMDLs for bacteria were developed to address the bacterial impairments in all streams. A TMDL for sediment in Upper Middle River and Moffett Creek were developed to address the benthic impairments. These TMDLs were approved by EPA on August 10, 2004, and are available on DEQ's website at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_search.cfm.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

Public participation is critical to the implementation planning process. DCR and DEQ will hold a first public meeting on July 16, 2009, at 7 p.m. to inform the public of the IP development and to solicit participation.  The meeting will be held at the Churchville Fire Hall, 3829 Churchville Avenue, Churchville, VA.  Following this first informational meeting, DCR and DEQ will hold meetings for interested stakeholders to join working groups, which will direct the process and provide input to the agencies.

The public comment period for this first public meeting will end on August 17, 2009. Questions or information requests should be addressed to Nesha Mizel, Department of Conservation and Recreation, telephone (540) 332-9238. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha Mizel, 44 Sangers Lane, Suite 102, Staunton, VA 24401, telephone (540) 332-9238, or email nesha.mizel@dcr.virginia.gov.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Notice of Periodic Review

The Board of Long-Term Care Administrators has submitted a notice of periodic review:

18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators

Comment period begins on May 25, 2009, and ends on June 24, 2009.

Review Announcement: The Board of Long-Term Care Administrators within the Department of Health Professions is preparing to conduct a periodic review of 18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators.

The board is receiving comment on whether there is a need for amendments for clarification or for consistency with changes in practice.

Regulations are located on the Virginia Administrative Code website at http://regulations.legis.virginia.gov.

Contact for additional information: Elaine J. Yeatts, Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on June 17, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Forty-Four (09)

Virginia Lottery's "Corvette® Lovers Summer Fun Sweepstakes" (effective 6/17/09)

Director's Order Number Fifty-One (09)

Virginia's Instant Lottery Game #1111 "Corvette® Cash" (effective 6/17/09)

DEPARTMENT OF MINES, MINERALS AND ENERGY

Notice of Periodic Review

Pursuant to Executive Order 36 (2006), The Virginia Department of Mines, Minerals and Energy (DMME) is conducting a periodic review and invites public comment on the following regulation:

4VAC25-125, Regulations Governing Coal Stockpiles and Bulk Storage and Handling Facilities

The department will consider whether this existing regulation is essential to protecting the health, safety and welfare of the public. The department welcomes specific comments on the performance and effectiveness of this regulation and also requests suggestions to improve the content and organization of the regulation to make it more understandable and useful.

The comment period for this review begins on July 6, 2009, and ends at 5 p.m. on August 5, 2009. Comments may be submitted to David Spears, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402 or email david.spears@dmme.virginia.gov.

Regulations may be viewed online at the Virginia Regulatory Town Hall site located at http://www.townhall.virginia.gov or the Virginia Administrative Code at http://regulations.legis.virginia.gov, or copies will be sent upon request.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

SAFETY AND HEALTH CODES BOARD

Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards.

Publication:  25:20 VA.R. 3639-3640 June 8, 2009.

Corrections to Final Regulation:

Page 3640, Titles of Regulations, after "amending" insert "16VAC25-175-1926.20,"

Page 3640, Titles of Regulations, after "16VAC25-175-1926.1127" strike "; adding 16VAC25-175-1926.20"

VA.R. Doc. No. R09-1944

BOARD OF LONG-TERM CARE ADMINISTRATORS

Titles of Regulations: 18VAC95-20. Regulations Governing the Practice of Nursing Home Administrators.

18VAC95-30. Regulations Governing the Practice of Assisted Living Facility Administrators.

Publication: 25:19 VA.R. 3420 May 25, 2009.

Corrections to Final Regulation:

Page 3420, 18VAC95-20-70 A, line 1, after "changes" strike "of"

Page 3420, 18VAC95-30-30 A, line 1, after "changes" strike "of"

VA.R. Doc. No. R09-1932