CRIMINAL JUSTICE SERVICES BOARD

Additional Public Hearing - Regulations Relating to Private Security Services

Notice of action: The Department of Criminal Justice Services (DCJS) is proposing amendments to the Regulations Relating to Private Security Services: 6VAC20-171-460 and 6VAC20-171-470.

Public hearings: A public hearing will be held before the Criminal Justice Services Board Committee on Training on May 9, 2013, at 9 a.m. in House Room D of the General Assembly Building. DCJS solicited additional comment on the amendments described below from April 15 through May 1, 2013, through the Virginia Regulatory Town Hall. A public hearing was held on December 6, 2012, in regard to the full reproposed regulations.

Description of proposed regulations: The following amendments were not implemented into the reproposed Regulations Relating to Private Security Services but were initially discussed during the first proposed stage. DCJS plans on requesting the adoption of the following amendments shown below in brackets by an errata at the public hearing on May 9, 2013.

6VAC20-171-460. In-service training exemption.

Persons who have completed training which meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within [ 12 24 ] months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session; [ and ]

2. An outline of the training session material, including the dates, times and specific subject matter [ .; and ]

3. Proof of attendance and successful completion.

6VAC20-171-470. Prior firearms training exemption.

Persons having previous department-approved firearms training may be authorized credit for such training which meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial [ in-service ] training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy or correctional department.

These amendments were requested by the industry and are supported by the department. They will allow for the approval of training exemptions for in-service training taken within the 24-month registration period and allow for partial training exemptions for entry-level firearms training or range qualification.

How to comment: DCJS accepts written comments by email, fax, and postal mail. All written comments must include the full name and address of the person commenting and be received by DCJS no later than the last day of the comment period. Please forward any comments to the attention of Lisa McGee at lisa.mcgee@dcjs.virginia.gov or via the contact information below.

Contact Information: Lisa McGee, Regulatory Manager, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 371-2419, FAX (804) 225-3853, or email leon.baker@dcjs.virginia.gov, lisa.mcgee@dcjs.virginia.gov, or stephanie.morton@dcjs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND
THE DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load for Tye River, including Hat Creek, Piney River, and Rucker Run

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for tributaries of the Tye River, including Hat Creek, Piney River, and Rucker Run, in Nelson and Amherst counties. The tributaries of the Tye River were listed on the 2004, 2006, and 2008 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria. The impaired portions of Hat Creek (H09R) extend 9.58 miles, from the headwaters downstream to its confluence with the Tye River. Piney River's (H10R) impairment stretches a total of 13.3 miles from a point 13.3 miles upstream to its confluence with the Tye River. The impaired segment of Rucker Run (H13R) extends from the headwaters downstream to its confluence with the Tye River, for a total of 18.26 miles.  The impaired section of the Tye River begins with its confluence with Piney River downstream to its confluence with the James River.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

The final public meeting on the development of these TMDLs will be held on Wednesday, May 22, 2013, at 7 p.m. at Massies Mill Ruritan Hall, 5439 Patrick Henry Highway, Roseland, VA 22967.

The public comment period for this last public meeting will end on June 24, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

This meeting is part of a larger "Eco-region" effort to develop a TMDL for the tributaries of the James River in Nelson, Amherst, and Appomattox counties. Due to the large area covered by this project, three meetings will be held at each stage - three public meetings, three Technical Advisory Committee meetings, etc. Questions regarding the Nelson County tributaries can be directed to Tara Sieber, the DEQ TMDL Coordinator for the Valley Region (tara.sieber@deq.virginia.gov), and questions regarding the Amherst Country and Appomattox County tributaries can be directed to Paula Nash, the DEQ TMDL Coordinator for the Blue Ridge Region out of the Lynchburg office (paula.nash@deq.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 April 4, 2013, and April 15, 2013. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Seventeen (13)

Certain Virginia Game Sweepstakes; End of Sweepstakes (effective nunc pro tunc to January 15, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Eighteen (13)

Virginia Lottery's "Play for Keeps Sweeps" Sweepstakes Final Requirements for Operation (effective nunc pro tunc to January 16, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Nineteen (13)

This order rescinds Director's Order Number Seven (13) (effective February 4, 2013)

Director's Order Number Twenty (13)

Virginia Lottery's "Pet Lovers Sweepstakes" Final Requirements for Operation (effective February 4, 2013)

Director's Order Number Twenty-One (13)

Virginia's Twenty-Seventh Online Game Lottery; "Fast Play $15,000 Jackpot" Final Rules for Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play $15,000 Jackpot" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play $15,000 Jackpot" game rules.)

Director's Order Number Twenty-Two (13)

Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Blackjack Showdown" Final Rules For Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Blackjack Showdown" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Blackjack Showdown" game rules.)

Director's Order Number Twenty-Three (13)

Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Joker's Wild Bingo" Final Rules For Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Joker's Wild Bingo" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Joker's Wild Bingo" game rules.)

Director's Order Number Twenty-Four (13)

Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Lucky Bucks" Final Rules For Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Lucky Bucks" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Lucky Bucks" game rules.)

Director's Order Number Twenty-Five (13)

Virginia Lottery's "Jeep® Vehicle & Cash Giveaway" Sweepstakes" Final Requirements For Operation (effective April 1, 2013)

Director's Order Number Twenty-Six (13)

"Pantry Jeep Retailer Incentive Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on the date of its signing (March 13, 2013) and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Twenty-Nine (13)

"Jeep® Ticket Dispenser Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on the date of its signing (March 13, 2013) and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Thirty-One (13)

"Coastal Investments Jeep® Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on the date of its signing (March 13, 2013) and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Thirty-Two (13)

Virginia Lottery's "Virginia Jeep® Seeker Promotion" Final Requirements For Operation (effective April 10, 2013)

Director's Order Number Thirty-Three (13)

Virginia Lottery's "2nd Chance Jeep® Vehicle Scratcher Sweepstakes" Final Requirements For Operation (effective March 29, 2013)

Director's Order Number Thirty-Four (13)

This order rescinds Director's Order Number Nine (13) (effective March 29, 2013)

STATE BOARD OF SOCIAL SERVICES

Additional Public Comment Period for
22VAC40-740-80

The Department of Social Services announces a 30-day public comment period on proposed regulation 22VAC40-740-80, Imposition of civil penalty, of its Adult Protective Services chapter (22VAC40-740). The entire proposed chapter was published in the Virginia Register of Regulations (29:2 VA.R. 312-322 September 24, 2012), and public comment ended November 23, 2012. As published, 22VAC40-740-80 B included a new provision that was not underlined, but should have been, to indicate it was a new provision. The provision is shown below in brackets.

In order to provide the public with notice of the new provision in 22VAC40-740-80 and opportunity to comment, the Department of Social Services will receive comment on 22VAC40-740-80 beginning May 6, 2013, through June 5, 2013.

Comment should be submitted to the following agency contact: Paige McCleary, Program Consultant, Department of Social Services, 801 E. Main Street, Richmond, VA 23219, telephone (804) 726-7536, FAX (804) 726-7895, TTY (800) 828-1120, or email paige.mccleary@dss.virginia.gov.

22VAC40-740-80. Imposition of civil penalty.

A. Local department review and recommendation.

1. Based on a decision by the local department When a director or his designee determines that a mandated reporter failed to report as required by § 63.2-1606 of the Code of Virginia, the local director shall prepare a written statement of fact in a format prescribed by the commissioner concerning the mandated reporter's failure to report and submit the statement of fact to the commissioner. The director or his designee also shall prepare a letter notifying the mandated reporter of the intent to request that a civil penalty be imposed. The letter shall state the mandated reporter's right to submit a written statement to the commissioner concerning the mandated reporter's failure to report. The date of the director's notification shall be the date of the letter to the mandated reporter. Any supporting documentation that the director considered in requesting the imposition of a civil penalty shall be provided to the mandated reporter. The letter, statement of fact, and any supporting documentation shall be sent to the mandated reporter by registered or certified mail, return receipt requested.

2. The local director or his designee shall notify the mandated reporter in writing within 15 calendar days from the date of the determination of the intent to recommend that a civil penalty be imposed. The notification will include a copy of the local director's statement of fact concerning the mandated reporter's failure to report. The notification shall state the mandated reporter's right to submit a written statement to the commissioner concerning the mandated reporter's failure to report. The date of the notification is the postage date. The director or his designee shall send a letter to the commissioner requesting that a civil penalty be imposed on the mandated reporter for failure to report. The statement of fact and the letter to the mandated reporter shall accompany the letter to the commissioner. Any supporting documentation that the director considered in requesting the imposition of a civil penalty shall be provided to the commissioner.

3. The mandated reporter's statement concerning his failure to report must be received by the commissioner within 45 days from the date of the local director's notification of intent to recommend the imposition of a civil penalty. A mandated reporter's statement received after the 45 days shall not be considered by the commissioner.

B. Review by the commissioner or his designee Statement from mandated reporter.

1. The commissioner or his designee shall review the local director's written statement of fact concerning the mandated reporter's failure to report and the mandated reporter's written statement in determining whether to impose a civil penalty.

2. In the case of law-enforcement officers who are alleged to have not reported as required, the commissioner or his designee shall forward the recommendation to a court of competent jurisdiction.

3. The commissioner or his designee shall impose a civil penalty upon a mandated reporter who is determined to have not reported as required pursuant to § 63.2-1606 of the Code of Virginia. Penalties shall be imposed as follows:

a. For first offenses of nonreporting pursuant to § 63.2-1606 H of the Code of Virginia, the penalty shall be not more than $500.

b. For second and subsequent offenses pursuant to § 63.2-1606 H of the Code of Virginia, the penalty shall be not less than $100 and not more than $1,000.

4. The commissioner or his designee shall notify the mandated reporter whether a civil penalty will be imposed and, if so, the amount of the penalty. This written notice shall describe the reasons for the imposition of the civil penalty. The date of notification shall be deemed to be the date the mandated reporter received written notice of the alleged violation. This notice shall include specifics of the violation charged and shall be sent by overnight express mail or by registered or certified mail, return receipt requested.

[ The mandated reporter may prepare a written statement concerning his failure to report and provide the statement to the commissioner. The commissioner must receive the mandated reporter's written statement within 45 calendar days from the date of the director's letter to the mandated reporter. ]

C. Review by the commissioner's designee.

1. The commissioner's designee shall review the director's statement of fact, the mandated reporter's written statement, and any supporting documentation provided by the director in determining whether to impose a civil penalty. A statement received after the time required by 22VAC40-740-80 B shall not be considered by the commissioner.

2. In the case of law-enforcement officers who are alleged not to have reported as required, the commissioner or his designee shall forward a recommendation to the court of competent jurisdiction.

3. The commissioner's designee shall notify the mandated reporter in writing whether a civil penalty will be recommended. The written notification shall include specifics of the violation charged, the reasons for the imposition of the civil penalty and the amount of the penalty. The letter shall be sent to the mandated reporter by registered or certified mail, return receipt requested, no later than 30 calendar days after the commissioner receives the mandated reporter's written statement. The date of the notification shall be the date of the commissioner's designee's letter to the mandated reporter. The designee also shall send a copy of the letter to the director who recommended the imposition of the civil penalty. If the commissioner's designee recommends imposition of a civil penalty, the mandated reporter shall have 30 calendar days from the date of the letter to submit a written statement requesting that the commissioner reconsider the designee's decision. A statement received after the time required by this subsection shall not be considered by the commissioner.

D. Review by the commissioner. If the mandated reporter submits a written request for review, the commissioner shall review his designee's recommendation and the mandated reporter’s request for review and decide whether a civil penalty shall be imposed. The commissioner shall notify the mandated reporter in writing whether a civil penalty will be imposed and the amount of the penalty. The letter shall include specifics of the violation charged and describe the reason for the imposition of the civil penalty. The letter shall be sent to the mandated reporter by registered or certified mail, return receipt requested, no later than 30 calendar days after the commissioner receives the mandated reporter's written request to reconsider the designee's decision. The date of the notification shall be the date of the commissioner's letter.

E. If the mandated reporter does not request a review by the commissioner within the time required by subdivision C 3 of this section, the commissioner shall notify the mandated reporter in writing that a civil penalty will be imposed. The written notification shall include specifics of the violation charged, the reasons for the imposition of the civil penalty, and the amount of the penalty. The letter shall be sent to the mandated reporter by registered or certified mail, return receipt requested.

5. F. If a civil penalty is imposed, a copy of the notice commissioner's letter to the mandated reporter shall be sent to the appropriate licensing, regulatory, or administrative agency agencies and to the local director who recommended the imposition of the penalty.

6. G. Any mandated reporter has the right to appeal the commissioner's decision to impose a civil penalty in accordance with § 2.2-4026 of the Code of Virginia and pursuant to Part 2 A of the Rules of the Supreme Court of Virginia.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Master Fleet Services, Inc.

An enforcement action has been proposed for Master Fleet Services, Inc., for alleged violations of the State Water Control Law concerning the unauthorized discharge of oil to state lands and waters in the City of Hampton. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at paul.smith@deq.virginia.gov, FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from May 6, 2013, to June 5, 2013.

Proposed Consent Order for Midget Mart No. 2, Inc.

An enforcement action has been proposed for Midget Mart No. 2, Inc. for alleged violations at the underground storage tank facility located at 1420 Washington Street, Petersburg, VA. The consent order requires corrective action and a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, 23060, from May 6, 2013, to June 5, 2013.

Proposed Consent Order for R. Income Properties, L.L.C.

An enforcement action has been proposed for R. Income Properties, L.L.C., for violations of State Water Control Law and the applicable regulations in Stafford County. The consent order describes a settlement to resolve unpermitted impacts taken to surface waters associated with the development of the I-95 Industrial Park Project. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 7, 2013, through June 6, 2013.

Proposed Enforcement Action for Washington Street, Inc.

An enforcement action has been proposed for Washington Street, Inc. for alleged violations of the State Water Control Law at Happy Shopper #5 located at 600 E. Washington Street in Suffolk, VA. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at robin.schuhmann@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from May 6, 2013, to June 5, 2013.

Proposed Consent Order for Willow Pond II, L.L.C.

An enforcement action has been proposed for Willow Pond II, L.L.C., for violations of the State Water Control Law and Regulations in Loudoun County associated with the Willow Pond project. The consent order describes a settlement to resolve violations of the State Water Control Law and Regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX at (703) 583-3821 or postal mail Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 7, 2013, through June 6, 2013.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.

ERRATA

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Title of Regulation: 4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations. (amending 4VAC50-60-10, 4VAC50-60-1200 through 4VAC50-60-1240).

Publication: 29:17 VA.R. 2105-2149 April 22, 2013.

Correction to Final Regulation:

Page 2117, 4VAC50-60-1220 D, line 5, strike "shall be submitted"

Page 2118, 4VAC50-60-1230 A 1, line 2, strike "4VAC50-60-1210 A 1 b" and insert "4VAC50-60-400 B"

VA.R. Doc. No. R12-3136; Filed April 25, 2013, 10:45 a.m.