REGULATIONS
Vol. 31 Iss. 7 - December 01, 2014

TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Final Regulation

REGISTRAR'S NOTICE: The Department of Conservation and Recreation is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 1 of the Code of Virginia, which excludes agency orders or regulations fixing rates or prices. The Department of Conservation and Recreation will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 4VAC5-36. Standard Fees for Use of Department of Conservation and Recreation Facilities, Programs, and Services (amending 4VAC5-36-50, 4VAC5-36-60, 4VAC5-36-70, 4VAC5-36-90, 4VAC5-36-100, 4VAC5-36-110, 4VAC5-36-120 through 4VAC5-36-160, 4VAC5-36-200, 4VAC5-36-210, 4VAC5-36-220).

Statutory Authority: § 10.1-104 of the Code of Virginia.

Effective Date: January 1, 2015.

Agency Contact: David C. Dowling, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

Summary:

This regulatory action establishes, removes, or increases fees for use of the Department of Conservation and Recreation facilities, programs, and services as follows: parking and launch; admission; swimming; camping; cabin; picnic shelters and event tents; amphitheater and gazebo; boat storage; interpretive canoe, boat, and paddleboat; interpretive and educational tours and program; outdoor skill program; miscellaneous rental; conference center and meeting facility; and administrative and processing.

The changes to the State Park System standard rates and prices represent (i) revisions to maintain fair market value and demand for services; (ii) adjustments to camping and cabin fees to provide for a 15% fee differential between the Base Fee and Virginia Resident Fee; (iii) the addition of new facilities and offerings; (iv) updates to ensure consistency with the private sector; (v) the deletion of fees that have become obsolete as there is no longer demand for a service; (vi) revisions to reflect private concessionaires' new seasonal prices; (vii) reasonable increases to offset growing maintenance costs; and (viii) updates to ensure formatting consistency.

4VAC5-36-50. Parking and launch fees.

PARKING FEES (NONTAXABLE)

BASE RATE

VIRGINIA RESIDENTS

WEEKDAYS

WEEKENDS

WEEKDAYS

WEEKENDS

Daily Parking for Passenger Vehicles: Applies to cars, trucks, vans (up to 15 passenger) 8 passengers), and motorcycles.

All parks unless listed below.

$5.00

$6.00

$3.00

$4.00

Chippokes, Claytor Lake, Douthat, Fairy Stone, First Landing, Grayson Highlands, Kiptopeke, Lake Anna, Leesylvania, Mason Neck, New River Trail, Pocahontas, Raymond R. "Andy" Guest Jr. Shenandoah River, Sky Meadows, Smith Mountain Lake, Westmoreland

$6.00

$7.00

$4.00

$5.00

All days excluding holidays and prime-season weekends: Claytor Lake, First Landing, Lake Anna, Leesylvania, Pocahontas, Raymond R. "Andy" Guest Jr. Shenandoah River, Westmoreland, Staunton River

$6.00

$7.00

$4.00

$5.00

Holidays and prime-season weekends only: Claytor Lake, First Landing, Lake Anna, Leesylvania, Pocahontas, Raymond R. "Andy" Guest Jr. Shenandoah River, Westmoreland, Staunton River

$9.00

$9.00

$7.00

$7.00

York River Croaker Landing/Pier Area (also requires boat launch fee for all vehicles)

$5.00

$5.00

$3.00

$3.00

Daily Parking for High-Occupancy Vehicles: Applies to cars, trucks, SUVs, and vans (with 9 or more passengers).

All parks unless listed below.

$10.00

$10.00

$8.00

$8.00

Chippokes, Claytor Lake, Douthat, Fairy Stone, First Landing, Grayson Highlands, Kiptopeke, Lake Anna, Leesylvania, Mason Neck, New River Trail, Pocahontas, Raymond R. "Andy" Guest Jr. Shenandoah River, Sky Meadows, Smith Mountain Lake, Westmoreland, Staunton River

$12.00

$12.00

$10.00

$10.00

Horse Trailer Parking Fee covers up to two horses in the same trailer (also requires vehicle parking fee.) fee). All parks unless listed below.

$3.00 per trailer

$3.00 per trailer

$3.00 per trailer

$3.00 per trailer

Lake Anna

$4.00 per trailer

$4.00 per trailer

$4.00 per trailer

$4.00 per trailer

Surcharge for additional horse in same trailer beyond the first two horses.

$2.00 per horse

$2.00 per horse

$2.00 per horse

$2.00 per horse

Other Trailer Parking Fee: Applies to other trailers not covered by camping, horse trailer, and boat launch fee. (Add to daily parking fee.)

$2.00 per trailer

$2.00 per trailer

$2.00 per trailer

$2.00 per trailer

Daily Bus Parking: All Seasons. Applies to vehicles with 16 or more passenger capacity.

All parks unless listed below.

$10

$10

$10

$10

Claytor Lake, Hungry Mother, Leesylvania, Mason Neck, New River Trail

$12

$12

$12

$12

First Landing, Kiptopeke, Lake Anna, Pocahontas, Westmoreland

$15

$15

$15

$15

Natural Area Preserve Parking Fees for any Vehicle: The department may charge these fees at any Natural Area Preserve.

$2.00

$2.00

$2.00

$2.00

BASE RATE

VIRGINIA RESIDENTS

Grayson Highlands Backpacker Parking.

$12 up to 3 days

$10 up to 3 days

WEEKDAYS

WEEKENDS

WEEKDAYS

WEEKENDS

Boat Launch Fees: Required to use park boat ramps on bodies of water where motorboats are permitted. Required for all vehicles using York River Croaker Landing/Pier Area. May not apply to small "car-top" launch facilities (facilities at which boats may only be launched by hand carrying them to the water). The fee is normally added to the parking fee to create a combined park/launch payment. When a vehicle is only dropping off or retrieving a nonmotorized boat or a boater and does not pay the parking fee, the $3.00 launch fee is required.

Daily Launch Fees: All Seasons

All parks unless listed below.

$3.00

$3.00

$3.00

$3.00

Claytor Lake

$2.00

$2.00

$2.00

$2.00

First Landing, Kiptopeke (with Marine Fishing License), Lake Anna

$4.00

$4.00

$4.00

$4.00

Kiptopeke (without Marine Fishing License), Leesylvania

$8.00

$8.00

$8.00

$8.00

Surcharge for second boat on same trailer: jet ski

$2.00

$2.00

$2.00

$2.00

Overnight parking at boat launch: where available

$10

$10

$10

$10

Camper's Boat Launch Fee Kiptopeke: Does not apply if camper parks trailer at campsite.

$3.00

$3.00

$3.00

$3.00

Boat Tournament Fee for Fishing Tournaments: Registration fee is based on the number of boats registered and is nonrefundable regardless of number that actually participates. This fee is in addition to the applicable daily launch fee.

No charge

$2.00 per boat

No charge

$2.00 per boat

Annual and Lifetime Parking Fees:

FEE

Lifetime Naturally Yours Passport Plus: Lifetime admission and parking pass to all state parks, plus 10% discount on individual camp sites campsites and horse stalls; all state park merchandise, except fuel sales; equipment rentals; and shelter rentals except where these services are provided by private concessionaires.

Age up to 40

$333

Age 41-45

$300

Age 46-50

$266

Age 51-55

$233

Age 56−61

$200

Senior Lifetime Naturally Yours Passport Plus (Age 62 or older): See Lifetime Naturally Yours Passport Plus above.

$121

Naturally Yours Passport Plus: 12-month from date of purchase admission and parking pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

$66

Naturally Yours Parking Passport: 12-month from date of purchase admission and parking pass to park of purchase.

$40

Senior Naturally Yours Passport Plus: See Naturally Yours Passport Plus above.

$36

Senior Naturally Yours Parking Passport: See Naturally Yours Parking Passport above.

$24

Golden Disability Pass: Available to persons with disabilities as verified by U.S. Social Security Administration's (SSA) "Benefit Verification Letter." Pass remains in effect unless SSA withdraws eligibility.

No Charge

Disabled Veterans Passport

Admission, parking, and launch pass to all state parks, plus 50% discount on camping fees, swimming fees, shelter rentals, and department equipment rentals when provided by the department. Where equipment rentals are provided by private concessionaires, this passport does not apply.

The passport shall be issued upon request to a veteran of the armed forces of the United States with a letter from the U.S. Department of Veterans Affairs, or from the military service that discharged the veteran, certifying that such veteran has a service-connected disability rating of 100%. This passport coverage shall be valid for as long as that determination by the U.S. Department of Veterans Affairs remains in effect.

No Charge

Annual and Lifetime Park/Launch/Equestrian Fees:

Lifetime Naturally Yours Passport Plus for Boaters and Equestrians: Lifetime admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

Age up to 40

$667

Age 41-45

$600

Age 46-50

$534

Age 51-55

$466

Age 56‑61

$400

Senior Lifetime Naturally Yours Passport Plus for Boaters and Equestrians (Age 62 or older): See Lifetime Naturally Yours Passport Plus for Boaters and Equestrians above.

$345

Naturally Yours Passport Plus for Boaters and Equestrians: 12-month from date of purchase admission, parking, and launch pass to all state parks, plus 10% discount on camping, all state park merchandise, equipment rentals, and shelter rentals.

$167

Park/Launch/Equestrian Passport:

12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania.

$141

12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase.

$107

12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna.

$87

Senior Naturally Yours Passport Plus for Boaters and Equestrians: Annual permit for all parks including Leesylvania.

$133

Senior Park/Launch/Equestrian Passport:

12-month from date of purchase admission, parking, and launch pass to all state parks including Leesylvania.

$120

12-month from date of purchase admission, parking, and launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of purchase.

$87

12-month from date of purchase admission, parking, and launch pass to park of purchase other than Leesylvania, First Landing, Kiptopeke, or Lake Anna.

$73

Buggs Island Lake Special Annual Park/Launch/Equestrian Pass: Good only at Occoneechee and Staunton River State Parks.

$55

Leesylvania Annual Overnight Boating/Parking Pass.

$74

Disabled Visitor Annual Boat Launch Pass (in addition to disabled tags).

$48

Special Event Fees:

EVENT FEE

Standard Special Event Parking Fee: Applies to all parks and events that utilize parking fees unless noted below.

$10 per vehicle

Community Event Fee: May be used by any park as a condition of a Special Use Permit for a community event provided by a nonprofit group or organization or government agency or entity.

$1.00 per vehicle

Sky Meadows: Strawberry Festival

Advance payment

$20 per vehicle

Day of Event

$25 per vehicle

Sky Meadows: Extended Hours Special Event: for events that take place after park hours such as Astronomy Night, Candlelight Tours, etc.

$5.00 per vehicle

Grayson Highlands Fall Festival. Hungry Mother Arts and Crafts Festival

$6.00 per vehicle

Claytor Lake Arts and Crafts Festival

$5.00 per vehicle with canned food donation on designated day

$10 per vehicle

Fairy Stone: Super Country B-99 Fun Day Event

$1.99 per vehicle

Kiptopeke: Eastern Shore Birding Festival

Parking Fee waived to registered festival guests; otherwise standard fees apply

Smith Mountain Lake: special park/launch rate for boaters participating in fishing tournaments if the tournament sponsor has also rented the Tournament Headquarters Building.

$5.00 per vehicle/ boat combination

Raymond R. "Andy" Guest Jr. Shenandoah River: Riverfest Event

$8.00 per vehicle

Standard Special Event Per Person Entrance Fee: Applies to all parks and events that utilize per person admission fees unless noted below.

$4.00 per adult
$3.00 per child, 6 through 12 years
Children under 6 free

Sailor's Creek Battlefield: Battle of Sailor's Creek Reenactment

$5.00 per person
Children under 6 free
$10 maximum per vehicle
$50 per bus (16 passenger +)

Chippokes Plantation Steam and Gas Engine Show

$5.00 per person
Children under 12 free

Chippokes Plantation Christmas

$5.00 per person

Chippokes Pork, Peanut & Pine Festival

$5 $5.00 per person
Children under 13 free

Grayson Highlands Wayne C. Henderson Music Festival

$10 per person
Children under 12 free

Natural Tunnel Special Event Parking Fee

$2.00 per person
$6.00 per vehicle

Occoneechee Pow Wow

$5.00 per person (13 years and older)
$3.00 per child, 3 through 12 years
$3.00 Seniors (62 and over)
Children under 3 free

Occoneechee Pow Wow School Groups

$4.00 per student Teachers and Chaperones free

Notes on parking fees:

1. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.

2. Except as otherwise noted, boat launching shall be free for up to one boat per vehicle (maximum of two vehicles) per campsite, cabin, lodge, camping cabin, travel trailer, or camping lodge.

3. Parking fees are waived for any vehicle displaying disabled license plates or temporary disabled parking identification issued by any state or the federal government. However, the fee for any additional types of trailers, the boat launch fee or the portion of any combined parking-launching fee that applies to boat launching shall be collected from such vehicles. Additionally, the price for annual passes and lifetime passes that include boat launching for qualified disabled individuals shall be calculated by subtracting the applicable parking pass fee from the park/launch pass fee.

4. Parking fees are waived for any vehicle occupied solely by students and/or teachers and/or assisting personnel participating in an official activity of a bona fide school, home school, or institution of higher learning. Parks may require that individuals in vehicles other than those marked as a school bus verify their official activity by letter from the school or approved field trip form, or in the case of home school groups, proof of home school status such as current ID card from a state or national home school organization (HEAV, HSLDA, etc.) or a copy of the letter from the school district that acknowledges "Notice of Intent" to home school for that school year.

5. Parking fees are waived for official vehicles of federal, state, and local governments while on official business; vehicles making deliveries to the park; contractor and business vehicles performing work in the park; and emergency vehicles while conducting official business, including training.

6. Parking fees are waived for park employees during time of employment, including family and household members of staff occupying staff residences, visitors to staff residences, and park volunteers entering the park to perform volunteer duties.

7. Parking fees may be waived for vehicles conducting research or collecting activities provided such waiver is included in the language of the Research and Collection Permit as required in 4VAC5-30-50.

8. The period covered by a daily parking fee shall be midnight to midnight. Park guests utilizing overnight parking when and where available (e.g., backpackers, overnight fishermen, etc.) will be required to pay the applicable daily parking fee for each calendar day that their vehicle is in the parking lot (partial days included).

9. Annual permits shall be valid for 12 months from the date of purchase, unless otherwise noted.

10. Parking fees are waived for visitors entering the park for the sole purpose of dining at the park restaurant at Douthat and Hungry Mother State Parks.

11. Parking fees are waived at state parks for participants in Walk for Parks, Fall River Renaissance, Envirothons, March for Parks, Operation Spruce-Up Day, Stewardship Virginia, National Trails Day, and other park-sanctioned public service events as approved by the director.

12. Daily parking fees are reduced to $1.00 for vehicles occupied by participants in fund-raising events sponsored by nonprofit organizations (Walk-A-Thons, etc.) provided the sponsor has obtained a special use permit from the park that contains provisions for the identification of participants in the event.

13. Parking fees shall be waived for persons using park roads to gain legal access to their private residence and guests to such residences; and for vehicles passing through, but not stopping in, a park on a public roadway.

14. Revenue collected from special event parking and/or admission fees may be divided between the park and the event sponsor if so designated and approved in the special event permit following a determination made by the director that the revenue split is in the benefit of the Commonwealth.

15. Annual Park/Launch/Equestrian passes cover the park entrance or parking fee for up to two horses in the same horse trailer or other allowable trailers. Annual and Lifetime parking-only passes do not include trailers.

16. Parking fees are waived for service vehicles such as tow trucks when entering the park to service a visitor vehicle.

17. Parking fees are waived for visitors entering the park to attend a performance by a U.S. military band if this is a required condition for the band's performance.

18. Parking fees are included in the rental fees for meeting facilities, up to the capacity of the facility and provided that this waiver of fee is included in the rental agreement for the facility.

19. Parking fees are waived for a period of up to 15 minutes for persons entering the park to deposit materials in community recycling collection containers.

20. Parking fees are waived for vehicles occupied entirely by persons attending fee interpretive programs.

21. Annual parking passes that do not include boat launch require payment of daily launch fee if launching a boat at any park or for all vehicles using Croaker Landing/Pier Area at York River State Park.

22. Annual parking pass holders are not guaranteed the parking privileges of the pass should parking places be unavailable.

23. Parking fees are waived at Mason Neck during the park's annual Elizabeth Hartwell Eagle Festival.

24. The payment of a parking fee at one park shall be applied to parking at any state park on the same day provided that the visitor supplies evidence of the paid parking fee.

25. Annual passes are issued to the purchaser and members of the same household and may not be transferred. Improper transfer or use may result in revocation of the pass without refund.

26. Parking fees are waived at all state parks on Veterans Day, November 11, of each year.

27. Holidays are defined as Memorial Day, Fourth of July, and Labor Day, and prime season is the Saturday immediately prior to Memorial Day through the Sunday immediately prior to Labor Day.

4VAC5-36-60. Admission fees.

ADMISSION FEES (NONTAXABLE)

DAILY ADMISSION PER PERSON (Weekdays and Weekends unless otherwise noted.)

ANNUAL PASS (Good for 12 months from date of purchase.)

Shot Tower

Free

NA

Southwest VA Museum

$1.50 $2.00 (Groups of 10 or more: age 6 through 12)
$3.00 $4.00 (Groups of 10 or more: age 13 and up)

NA

$2.00 $3.00 (Ages 6 through 12)

$5.00 $6.00 (age 6 through 12) per year

$4.00 $5.00 (Age 13 and up)

$10 $12 (age 13 and over) per year

NA

$15 $20 (family: up to 2 adults and 2 children) per year

Kiptopeke Fishing Pier Fishing Fee

$1.00 (Age 6 through 12)
$3.00 (Age 13 and over)

NA

Kiptopeke Fishing Pier Fishing Fee: Coupon book good for 10 visits

$20 per 10 Passes

NA

Annual Night Fishing: All parks where available (also requires parking fee)

$15 per person per year

Late Night Fishing: All parks where available (also requires parking fee)

$3.00 per person per night

ADMISSION

Natural Tunnel Chairlift:

Children under age 6

Free

Round trip per person

$3.00

One-way per person

$2.00

Group Rate Round Trip per person (10 or more)

$2.00

Season Pass

$20

Daily Pass (Good for unlimited trips on date of issue, good for one person only)

$6.00

Archery Range: All parks where available; per person user fee

$2.00 per day (over 12)
$1.00 per day (age 3 through 12)
$15 per year (any age)

Bear Creek Lake

$5.00 per day (over 12)
$3.00 per day (age 3 through 12)
$45 per year (any age)
$3.00 per person, per day group fee (minimum of 10 participants)

Pocahontas & and New River Trail Horse Show Admission

$5.00 per person
Children 12 & and under free

Park Sponsored Special Event Vendor Fees. All parks where available unless otherwise noted

$125 per merchandise vendor
$150 per food vendor

Occoneechee Pow Wow

$150 per merchandise vendor
$175 per food vendor

Mason Neck Fall Special Event

$50 per vendor

Caledon Art & and Wine Festival

$50 per artist vendor
$100 per winery vendor

New River Trail

$25 per merchandise vendor
$25 per food vendor

Notes on admission/entrance fees:

1. Fees are waived at Natural Tunnel for use of the chairlift on one designated "Customer Appreciation Day" per year.

2. Museum entrance fees are waived at the Southwest Virginia Museum during the "Festival of Trees" event for members of groups who submitted trees for the display.

3. For park museums and historic features that charge an entrance fee, visitors participating in the Time Travelers program of the Virginia Association of Museums shall be charged the existing per person group rate for that facility.

4. Entrance fees are waived at the Southwest Virginia Museum on Veteran's Day, November 11, of each year.

4VAC5-36-70. Swimming fees.

SWIMMING (NONTAXABLE)

Daily Swimming Fees

WEEKDAYS

WEEKENDS

All parks with fee swimming areas unless noted.

Under age 3 Free
$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Under age 3 Free
$3.00 (Age 3 through 12)
$4.00 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland

Under age 3 Free
$3.00 (Age 3 through 12)
$4.00 (Age 13 and over)

Under age 3 Free
$4.00 (Age 3 through 12)
$5.00 (Age 13 and over)

Pocahontas

Under age 3 Free
$5.00 (Age 3 through 12)
$6.00 (Age 13 and over)

Under age 3 Free
$7.00 (Age 3 through 12)
$8.00 (Age 13 and over)

Group campers utilizing primitive group camps. All parks where available unless otherwise noted.

$1.00 (all ages)

$1.00 (all ages)

Pocahontas (Group Cabin Guests)

$3.00 (all ages)

$3.00 (all ages)

Deposit on all locker keys: Refunded when key is returned.

$2.00 each

Swimming Coupon Book: (Age 3 and over). All parks where available unless otherwise noted.

$23 per 10 coupons
$44 per 20 coupons

Staunton River, Natural Tunnel, and Westmoreland

$31 per 10 coupons
$58 per 20 coupons

Pocahontas

$50 per 10 coupons
$95 per 20 coupons

WEEKDAYS

WEEKENDS

Group Swimming: per person (10 persons or more). All parks where available unless otherwise noted.

$1.50 (Age 3 through 12)
$2.50 (Age 13 and over)

$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland Group Swimming (20 persons or more). Five-day advanced registration required.

$2.50 (all ages)

$3.50 (all ages)

Pocahontas Group Swimming (20 persons or more). Five-day advanced registration required.

$4.00 (all ages)

$5.00 (all ages)

Season Swimming Permit: All parks where available unless otherwise noted.

$44 (Age 3 through 12)
$55 (Age 13 and over)

Staunton River, Natural Tunnel, and Westmoreland

$55 (Age 3 through 12)
$66 (Age 13 and over)

Pocahontas

$66 (Age 3 through 12)
$77 (Age 13 and over)

After-Hours Exclusive Use of Pool or Swimming Area: All parks where available. Requires prior reservation. Rental period of approximately 1-2 hours, depending upon operating schedule and amount of available daylight. Cancellation fee charged if reservation is cancelled canceled less than 3 days before the date of event unless cancellation is for inclement weather or cancelled canceled by the park.

$100 $125 (up to 25 persons)
$125 $150 (26 to 50 persons)
$175 $200 (51 to 75 persons)
$200 $225 (76 to 100 persons)
$35 to open food concessions with rental
$50 cancellation fee

Swimming lessons. All parks where available unless otherwise noted.
Package of eight 45-minute lessons (includes parking)

$30 per person
$25 per person if two or more from same family

Notes on swimming fees:

1. Nonswimming adults in street clothes admitted to swimming areas free when supervising children age 12 and under.

2. Rain check Policy for Swimming: All state parks will issue a rain check, good for a period of 12 months from the date of issue, to any paying customer (does not apply to free swimming vouchers) if the swimming area is forced to close for 40 minutes or more due to inclement weather. Rain checks may be issued only to patrons present at the swimming area at the time of closure.

3. A full refund is available for a group reservation only if the park or swimming area contractor is notified three days in advance of the time of the reservation. In the event that the group is unable to complete their reservation due to inclement weather, rain checks will be issued to the individual members of the group in the same manner as other park patrons.

4. All Season Swimming Permits include parking during the swimming season only.

5. Weekend rates apply on Memorial Day, Fourth of July, and Labor Day holidays.

4VAC5-36-90. Camping fees.

CAMPING FEES (TAXABLE, Price here does not include tax)

BASE RATE

VIRGINIA RESIDENTS

Camping fees include free use of dump station and free swimming and boat launching for members of the camping party during their stay at the property, when and where available, except that at Kiptopeke State Park guest is subject to applicable launch fee unless the trailer is returned to the campsite immediately after launching. The number of campers per campsite is limited to six individuals except when all campers are members of the same household.

ALL SEASONS
(Per site fees)

Standard Sites: No hookup; access to bathhouse and restrooms.

All parks with standard sites unless noted below.

$24 per night

$20 per night

Bear Creek and Occoneechee Waterfront Sites.

$31 per night

$26 per night

Kiptopeke, First Landing, Lake Anna.

$28 per night

$24 per night

Douthat.

$31 per night

$26 per night

Water and Electric Sites: Access to water and electric hookups; access to bathhouse and restrooms.

All parks where available unless noted below, including Chippokes Campground A.

$35 per night

$30 per night

Occoneechee Waterfront Sites and Chippokes Campground B.

$39 per night

$33 per night

Kiptopeke, First Landing, Lake Anna, Shenandoah River.

$41 per night

$35 per night

Water, Electric, and Sewage Sites: Access to water, electric, and sewage hookups; access to bathhouse and restrooms.

Kiptopeke.

$47 per night

$40 per night

Hungry Mother.

$39 per night

$33 per night

Primitive Camping Sites: primitive restrooms; no showers.

All parks where available unless noted below.

$13 per night

$11 per night

James River.

$15 per night

$13 per night

Grayson Highlands: Sites with electricity (November, March, and April when bathhouses are closed).

$18 per night

$15 per night

Occoneechee (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees).

$18 per night

$15 per night

New River Trail Primitive camping sites at Foster Falls and Cliffview, Primitive Sites at Sky Meadows.

$18 per night

$15 per night

New River Trail Water Trail Camping (no potable water).

$14 per night

$12 per night

Fairy Stone Equestrian Campsite.

$24 per night

$20 per night

Horse Camping

Horse Stall Fee.

$7.00 per night (outside stalls)
$9.00 per night (inside stall)

$7.00 per night (outside stalls)
$9.00 per night (inside stall)

Standard Rates

Primitive Group Camp Rental (camping in special primitive group areas). All parks where available.

Up to 20 campers.

$72 for entire area per night

$61 for entire area per night

Up to 30 campers.

$107 for entire area per night

$91 for entire area per night

31 or more campers, up to maximum capacity of group camp area.

$144 for entire area per night

$122 for entire area per night

Grayson Highlands: Primitive camping is available in the stable area November, March, and April.

$18 per site per night

$15 per site per night

Special Group Camping Areas:

Fairy Stone Group Campsites.

$24 per night

$20 per site per night

Chippokes Plantation: All 4 Sites; Group Rate; 24 persons maximum.
Natural Tunnel Group Area.
Grayson Highlands Group Area.
James River Group Area.
Shenandoah River Group Area.
Sky Meadows Group Area.

$79 per night (only available as entire group area)

$67 per night (only available as entire group area)

Sky Meadows 6 Site 6-Site Group Area.

$118 per night

$100 per night

Westmoreland Group Area.

$144 per night

$122 per night

Standard Buddy Sites: All parks where available unless noted below.

$92 per night

$78 per night

Douthat Buddy Sites.
Pocahontas Group Sites.

Holliday Lake Group Camp.

$114 per night

$97 per night

Sky Meadows Buddy Sites.

$41 per night

$35 per night

Pocahontas Group Camp.

$95 per night

$81 per night

James River Equestrian Group Area (persons renting the entire equestrian campground will receive a 10% discount on the combined price for sites and stalls, including transaction fees).

$254 per night

$216 per night

Camping – Other Fees

Camping Site Transaction Fee: Applies to each purchase transaction of a camping visit to a campsite (i.e., one transaction fee per camping visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits.

$5.00

Dump Station Fee: Free to state park campers during stay.

$5.00 $10 per use

Camping Reservation Cancellation Fee Individual Site.

$10 per reservation

Camping Reservation Cancellation Fee Group Sites.

$30 per reservation

Camping Reservation Transfer Fee.

$5.00 per reservation

Douthat: Whispering Pines and Beaverdam Reservation.

$33 per night

Hiker or noncamper Shower Fee at Virginia State Parks.

$5.00 per person

Sky Meadows: Wheelbarrow Rental Fee for hike-in campers.

$10 per wheelbarrow rented

Notes on camping:

1. Check-out time is 3 p.m. and check-in time is 4 p.m.

2. Camping Transfer/Cancellation/Early Departure Policy.

a. Any fees to be refunded are calculated less the applicable cancellation fee(s).

b. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.

c. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.

d. A customer may move a camping reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 4 p.m. on the scheduled date of arrival. If the reservation center will not be open again prior to the start date of the reservation, transferring is not an option. There is no a fee to transfer.

e. A camping reservation may be canceled until 4 p.m. on the scheduled date of arrival but campers will be charged the cancellation fee. This cancellation fee applies to each separate reservation made.

f. Once the 4 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure.

g. After the check-in time is reached, the first night is considered used whether the site is occupied or not.

h. There is a one-night penalty, deducted from any amount available for refund, for early departure.

3. Campers are allowed two vehicles per campsite per day without charge of a parking fee. Additional vehicles, beyond two, must pay the prevailing parking fee in effect at the park for each day that the vehicle(s) is parked in the park. The number of vehicles allowed to park on the campsite varies according to site design and size of other camping equipment. No vehicles shall park on a campsite in other than the designated area for this purpose. Camper vehicles that do not fit on the site, whether or not they require the special camper vehicle fee, must park in the designated overflow parking area.

4. Each member of the camping party, except in primitive group areas, up to the maximum allowable per site, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of camping. Passes are only issued during days and seasons of operation of the swimming facility and are only good during the member's registered stay.

5. Damage to campsites, not considered normal wear and tear, will be billed to the person registered for the campsite on an itemized cost basis.

6. At honor collection sites, the stated camping fees on this list shall be considered as having tax included. Honor collection is defined as the payment of the camping fee on-site at the park at a nonelectronic collection point at which the payment is placed in a box or safe provided for that purpose.

7. Horse stalls may only be rented in conjunction with the rental of a campsite in the equestrian campground and a person must occupy the campsite. All horses brought to the park by overnight guests must be kept in rental stalls except in primitive equestrian areas at New River Trail and James River State Parks.

4VAC5-36-100. Cabin fees.

CABIN RENTALS (TAXABLE, Price here does not include tax)

BASE RATE

VIRGINIA RESIDENTS

PRIME SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$92 $98

$553 $586

$83

$498

One Bedroom, Standard

$108 $115

$649 $688

$98

$585

One Bedroom, Waterfront or Water View

$120 $127

$719 $761

$108

$647

One Bedroom, Chippokes Plantation

$126 $134

$756 $800

$113

$680

Two Bedroom, Standard, all parks where available unless noted below

$125 $133

$750 $794

$112

$675

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah River, Natural Tunnel

$131 $139

$786 $833

$119

$708

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$138 $146

$825 $874

$124

$743

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$144 $153

$864 $915

$130

$778

Two Bedroom, First Landing, Chippokes Plantation

$146 $154

$873 $922

$131

$784

Three Bedroom, Standard, all parks where available unless noted below

$142 $150

$851 $900

$128

$765

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$165 $175

$990 $1,048

$149

$891

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah River, Natural Tunnel, Douthat

$164 $173

$979 $1,036

$147

$881

Hill Lodge (Twin Lakes)

$185 $195

$1,105 $1,169

$166

$994

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$332 $351

$1,987 $2,104

$298

$1,788

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)

$391 $414

$2,342 $2,479

$352

$2,107

6-Bedroom Six-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah River, Natural Tunnel, Douthat

$410 $434

$2,454 $2,599

$369

$2,209

MID-SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$83 $88

$498 $527

$75

$448

One Bedroom, Standard

$98 $103

$585 $619

$88

$526

One Bedroom, Waterfront or Water View

$108 $115

$647 $686

$98

$583

One Bedroom, Chippokes Plantation

$113 $120

$680 $720

$102

$612

Two Bedroom, Standard, all parks where available unless noted below

$112 $119

$675 $714

$102

$607

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah River, Natural Tunnel

$119 $125

$708 $748

$106

$636

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$124 $131

$743 $787

$111

$669

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$130 $138

$778 $824

$117

$700

Two Bedroom, First Landing, Chippokes Plantation

$131 $139

$784 $832

$118

$707

Three Bedroom, Standard, all parks where available unless noted below

$128 $135

$765 $811

$116

$689

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$149 $158

$891 $943

$134

$802

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah River, Natural Tunnel, Douthat

$147 $156

$881 $933

$132

$793

Hill Lodge (Twin Lakes)

$166 $176

$994 $1,053

$149

$895

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$298 $316

$1,788 $1,894

$269

$1,610

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)

$352 $373

$2,107 $2,231

$317

$1,896

6-Bedroom Six-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah River, Natural Tunnel, Douthat

$369 $391

$2,209 $2,339

$332

$1,988

OFF-SEASON CABIN AND LODGE RATES

Cabin/Lodge Type

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Efficiency

$69 $73

$415 $440

$62

$374

One Bedroom, Standard

$81 $86

$487 $515

$74

$438

One Bedroom, Waterfront or Water View

$90 $95

$539 $571

$81

$485

One Bedroom, Chippokes Plantation

$95 $100

$567 $600

$85

$510

Two Bedroom, Standard, all parks where available unless noted below

$93 $99

$563 $595

$84

$506

Two Bedroom, Bear Creek Lake, James River, Occoneechee, Lake Anna, Shenandoah River, Natural Tunnel

$98 $104

$589 $624

$88

$530

Two Bedroom, Waterfront or Water View, all parks where available unless noted below

$104 $110

$620 $656

$93

$558

Two Bedroom, Waterfront or Water View, Bear Creek Lake, Occoneechee, Lake Anna

$108 $115

$648 $687

$98

$584

Two Bedroom, First Landing, Chippokes Plantation

$109 $116

$654 $693

$99

$589

Three Bedroom, Standard, all parks where available unless noted below

$106 $113

$637 $674

$96

$573

Three Bedroom, Chippokes Plantation, Bel Air Guest House

$124 $131

$742 $786

$111

$668

Three Bedroom, Claytor Lake, Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia Museum Poplar Hill Cottage, Shenandoah River, Natural Tunnel, Douthat

$123 $130

$734 $776

$110

$660

Hill Lodge (Twin Lakes)

$139 $147

$828 $878

$125

$746

Fairy Stone Lodge (Fairy Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle)

$249 $263

$1,490 $1,578

$224

$1,341

Douthat Lodge (Douthat), Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)

$293 $310

$1,757 $1,859

$264

$1,580

6-Bedroom Six-Bedroom Lodge, Kiptopeke, James River, Claytor Lake, Occoneechee, Bear Creek Lake, Shenandoah River, Natural Tunnel, Douthat

$308 $326

$1,841 $1,949

$276

$1,657

CAMPING CABINS, CAMPING LODGES, YURTS, AND TRAVEL TRAILERS

(camping Camping cabins, camping lodges, yurts, and travel trailers located in campgrounds and operated in conjunction with the campground).

Per-Night Rental Fee

Per-Week Rental Fee

Per-Night Rental Fee

Per-Week Rental Fee

Camping Cabin rental rate: (2-night minimum rental required)

$51 $55

NA

$47

NA

Yurt rental: Standard fee

$113 $120

$680 $719

$101

$611

Travel Trailers: 25-30' Standard fee

$113 $120

$680 $719

$101

$611

Camping Lodges: Standard fee

$103 $109

$618 $653

$92

$555

OTHER CABIN FEES AND CHARGES

Additional Cabin Fees:

Cabin Transaction Fee: Applies to each purchase transaction of a visit to a cabin (i.e., one transaction fee per cabin visit per site no matter how many nights). Applies to Internet, reservation center, and walk up visits.

$5.00

Additional Bed Rentals

$3.00 per rental night

Additional linens at all parks unless otherwise noted. One set of linens is 1 sheet set (1 fitted sheet, 1 flat sheet, and 1 pillowcase) or 1 towel set (1 bath towel, 1 hand towel, and 1 washcloth or 2 bath towels and 1 washcloth)

$2.00 per sheet set
$2.00 per towel set

Cabin Cancellation Fee: Applies to all lodging in this section except as described below in "Lodge Cancellation Fee"

$20 $30 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy.

Cabin Transfer Fee: Applies to all lodging in this section except as described below in "Lodge Transfer Fee"

$20 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy

Lodge Cancellation Fee: Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac River Retreat, and all 6-bedroom park lodges

$50 $60 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy

Lodge Transfer Fee: Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac River Retreat, and all 6-bedroom park lodges

$50 per cancellation period: See notes on Cabin Transfer/Cancellation/Early Departure Policy

Pet Fee (this fee does not apply to service or hearing dogs identifiable in accordance with § 51.5-44 of the Code of Virginia).

$10 per pet per night

Pocahontas Group Cabins

DAY

WEEK

Algonquian Ecology Camp Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins

$236

$1,181

Swift Creek Dining Hall: 8 a.m. to 10 p.m. for day use, 24-hour use when rented with cabins

$275

$1,375

Dining Hall: fee for partial day rental when associated with full day rental as noted above

$140

NA

Cabin Units: per unit, per night

$112

$560

Complete Algonquian Ecology Camp (4 units: 112 capacity) with Dining Hall

$460

$2,300

Complete Swift Creek Camp (2 units: 56 capacity) with Dining Hall

$375

$1,875

Refundable security deposit charged for all reservations

$100 per reservation

Notes on Pocahontas Group Cabins:

Pocahontas Group Cabins: Reservations of $200 or more require a 25% prepayment, due within 14 days of making the reservation. Balance of fees is due 60 days prior to the reservation start date. Reservations of less than $200 require payment in full to confirm the reservation, due within 14 days of making the reservation. Cancellations made 30 days or more prior to the first day of the reservation shall receive a refund less a $30 per unit cancellation fee. Cancellations made less than 30 days prior to the first date of the reservation receive no refund unless the units are subsequently rented, in which case the refund shall be full price minus $30 per unit.

Notes on cabins and lodges:

1. Seasonal cabin and lodge rates shall be in effect according to the following schedule, except for camping cabins, camping lodges, yurts, and travel trailers, which operate on the same schedule and season as the campground at that particular park. In the event that a weekly rental period includes two seasonal rates, the higher rate will apply for the entire weekly rental period.

PARK

PRIME SEASON

MID-SEASON

OFF-SEASON

Bear Creek Lake
Belle Isle
Chippokes Plantation
First Landing
Kiptopeke
Lake Anna
Occoneechee
Southwest Virginia Museum
Staunton River
Twin Lakes
Westmoreland

Friday night prior to Memorial Day through the Sunday night prior to Labor Day

April 1 through the Thursday night prior to Memorial Day, and Labor Day through November 30

December 1 through March 31

Claytor Lake
Douthat
Fairy Stone
Hungry Mother
James River
Smith Mountain Lake
Shenandoah River
Natural Tunnel

Friday night prior to Memorial Day through the Sunday night prior to Labor Day, and October 1 through October 31

April 1 through the Thursday night prior to Memorial Day, and Labor Day through September 30, and November 1 through November 30

December 1 through March 31

2. All dates refer to the night of the stay; checkout time is 10 a.m. and check-in time is 3 p.m.

3. The following holiday periods are charged prime season weekend rates: the Wednesday, Thursday, Friday, and Saturday period that includes Thanksgiving Day; and Christmas Eve and Christmas Day; and New Year's Eve and New Year's Day.

4. Cabins and lodges require a two-night minimum stay.

5. Cabin guests are allowed two vehicles for a one or two bedroom cabin, and three vehicles for a three bedroom cabin per day without charge of parking fee. Additional vehicles must pay the prevailing parking fee for each day that the vehicle is parked in the park. The number of vehicles allowed to park at the cabin varies according to site design and other factors. All vehicles must park in designated parking areas, either at the cabin or in the designated overflow parking area.

6. Six-bedroom lodge guests are allowed six vehicles per lodge per day without charge of parking fee. Additional vehicles must pay the prevailing vehicle parking fee for each day the vehicle is parked in the park. The number of vehicles allowed to park at the lodge varies according to site design and other factors. All vehicles must park in designated parking areas, either at the lodge or in the designated overflow parking area.

7. Damage to cabins and other rental units under this section, not considered normal wear and tear, may be billed to the person registered for the cabin or rental unit on an itemized cost basis.

8. Each member of the rental party, up to the maximum allowable for the rented unit, may receive an entrance pass to the park's swimming facility on the basis of one pass per night of rental. Passes are only issued during days and seasons of operation of the swimming facility and are only good during the member's registered stay.

9. Employees of DCR and the members of committees and boards of DCR shall receive a discount of 50% on applicable cabin or lodge rates for any season, when the rental of such cabins or lodge is in connection with the official business of DCR or its committees or boards.

Notes on cabin or lodge transfer/cancellation/early departure policy:

1. Any fees to be refunded are calculated less the applicable cancellation fees listed below in this section.

2. Fees paid to the reservation center by credit card will be refunded to the original credit card charged.

3. Fees paid by check or money order to the reservation center, or by any method at the park, will be refunded by state check.

4. A customer may move a cabin or lodge reservation to another date or park, referred to as a transfer, through the reservation center only, and prior to 5 p.m. on the Monday before the scheduled date of arrival. There is an associated transfer fee. After 5 p.m. on the Monday before the scheduled date of arrival, cancellation is the only option (see note 5 below) except that transfers to a different cabin or lodge for the same rental nights shall be allowed, subject to availability, up to the check in check-in time for the original reservation.

5. Once the reservation is paid for, a customer may cancel in full with payment of the required cancellation fee if there are more than 30 days before the scheduled arrival date. As long as the reservation is not during the one-week minimum stay requirement period, the length of stay may be reduced without a fee as long as there are more than 30 days before the scheduled arrival. However, the length of stay cannot be less than two nights. During the 30 days prior to the scheduled arrival date, the cancellation fee is charged for each night cancelled canceled or reduced from the stay. Once the official check-in time on the scheduled arrival date is reached, the cancellation policy is no longer in effect and the early departure policy applies.

6. Once the 3 p.m. check-in time is reached on the scheduled day of arrival, any adjustment to a reservation is considered an early departure. There is a two-night minimum charge associated with all cabin, lodge, camping cabin, travel trailer, and camping lodge stays. Reducing the total nights stayed will incur a $20 per night fee. If the original reservation was for a week, the weekly discount will no longer be valid and the fee will be adjusted to the nightly rate before any refunds are calculated.

4VAC5-36-110. Picnic shelters and event tents fees.

PICNIC SHELTERS AND EVENT TENTS (TAXABLE)

The shelter rental periods shall be from park opening until park closing, unless otherwise specified.

DAY

Standard Small Picnic Shelter Rental Fee: Bear Creek Lake, Belle Isle, Caledon, Chippokes Plantation, Claytor Lake, Douthat, Holliday Lake, Hungry Mother (half shelter), Lake Anna, Natural Tunnel, New River Trail, Occoneechee, Pocahontas, Smith Mountain Lake, Twin Lakes, Westmoreland, York River, and all other small park picnic shelters.

$60

Standard Large Picnic Shelter Rental Fee: Belle Isle, Chippokes Plantation, Claytor Lake, Douthat Fairy Stone, First Landing, Grayson Highlands, Hungry Mother (full shelter), James River, Kiptopeke, Lake Anna, Natural Tunnel, Occoneechee, Pocahontas, Powhatan, Shenandoah River, Smith Mountain Lake (Pavilion), Staunton River, Staunton River Battlefield, Twin Lakes, Westmoreland, York River, and all other large park picnic shelters.

$90

Sky Meadows: Covered Group Picnic Area Shelter Rental (up to 60 people)

$130

Sky Meadows: Group Picnic Pad (up to 60 people)

$64

Leesylvania Shelter, Shenandoah River Large Group Shelter Rental

$130

Leesylvania: Lee's Landing Picnic Area Rental

$64

Leesylvania: Lee's Landing Picnic Shelter

$400

With 15 tables and 100 chairs

$820

Mason Neck Picnic Area Rental

Area rental without tent shelter

$64

Area activity fee (for use of picnic area for "special use" without tent shelter that requires special set-up or clean-up).

$35

Area rental with tent shelter (seasonably available)

$130

Chippokes Plantation Conference Shelter (with kitchen)

$315 per function

Chippokes Plantation Conference Shelter kitchen cleaning fee (only applicable is kitchen is used and not cleaned in accordance with rental agreement)

$150 per function

Mini-Shelter: All parks where available unless otherwise noted.

$21

Event Tent Rental: Full day in-park rental only. Price includes set up and take down.

Standard fee: All parks where available unless otherwise noted.

$0.45 per square foot

Chippokes Plantation, Douthat, Kiptopeke, Lake Anna, Pocahontas, Shenandoah River, Smith Mountain Lake, York River.

$0.55 per square foot

False Cape, First Landing, Leesylvania, Mason Neck.

$0.60 per square foot

Standard 10' x 10' event tent

$25 per day

Westmoreland, Caledon Natural Area: 20' x 40' tent with tables and chairs

$400 per day

Wilderness Road: 20' x 40'

$350 per day

White String Lights for Tent

$0.80 per foot

Side Panels for Tent

$1.50 per foot

Standard Shelter Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within 14 days prior to date. Shelter reservation may be transferred without penalty if the change is made through the reservations center prior to scheduled use.

$10

Standard Shelter Transfer Fee: Shelter reservation may be transferred if the change is made through the reservations center prior to scheduled use.

$5.00

4VAC5-36-120. Amphitheater and gazebo fees.

AMPHITHEATERS AND GAZEBOS (TAXABLE, Price here does not include tax)

Amphitheater or Gazebo Rental Fee: The amphitheater or gazebo rental periods shall be from park opening until park closing unless otherwise specified.

DAY

Leesylvania, Fairy Stone, Staunton River, Kiptopeke, and all other amphitheaters and gazebos unless noted below.

$32

Hungry Mother, Occoneechee, Westmoreland, New River Trail

$53

Smith Mountain Lake, Natural Tunnel (gazebo at Cove Ridge), James River

$74

Natural Tunnel Gazebo at Cove Ridge.

$100

Claytor Lake (gazebo)

$84 $96

First Landing (gazebo at Chesapeake Bay Center): rental period is three 3 hours

$84 per 3 hours

York River and Douthat Amphitheater.

$105

Shenandoah River Overlook Rental

$16 per half-day

$32 per full-day

Natural Tunnel and First Landing Amphitheaters: Private group or company rate

$315

Natural Tunnel and First Landing Amphitheaters: Educational group.

$158

Natural Tunnel Amphitheater Wedding Package: Three consecutive half-day rental periods.

$420 per package

First Landing: Courtyard at Chesapeake Bay Center; includes amphitheater and gazebo.

$788

First Landing: Additional hourly charge for hours beyond 10 p.m. for gazebo.

$11 per hour

First Landing: Additional hourly charge for hours beyond 10 p.m. for Courtyard.

$53 per hour

Fishing Tournament Staging. All parks where available.

$26

Pocahontas Amphitheater Area: Without Heritage Center. Includes Amphitheater, Exhibit Area, Restrooms and use of sound system.

$630

Pocahontas Amphitheater Area Plus Heritage Center.

$840

Parking Attendant (per attendant).

$12 per hour

Law Enforcement Officer (per officer).

$28 per hour

Natural Tunnel: Rental of Observation Deck at mouth of tunnel for dinner parties. Includes use of chairlift for transportation of guests and supplies and set-up/take-down of tables and chairs.

$300 per 4 hours

Natural Tunnel Amphitheater Concession Building.

$42

Natural Tunnel: Sound System Rental.

$32

Natural Tunnel: Portable Dance Floor Rental.

$100

Standard Amphitheater/Gazebo Cancellation Fee: Cancellation fee deducted from refund if refund is made more than 14 days prior to the reservation date. No refunds if cancellation made within 14 days prior to date.

$11

All parks unless listed below.

$11

Pocahontas Amphitheater or First Landing Courtyard.

$105

Wilderness Road Amphitheater.

$90

4VAC5-36-130. Boat storage fees.

BOAT STORAGE (TAXABLE, Price here does not include tax)

Boat Storage Fees

FEE

Standard Annual Boat Storage Fee: Bear Creek Lake, Douthat, Hungry Mother, and all other parks where available unless noted below.

$35

Marine Pump-Out Fee (all parks where available)

$5.00 per usage

Leesylvania Boat Storage Fees: Annual Fee (Dec. 1 – Nov. 30). Fee prorated for partial year on a months-remaining basis. Fee includes one park/launch pass per storage rental space to coincide with the rental period.

Boat Length Up To 16'

$755

Boat Length Up To 17'

$800

Boat Length Up To 18'

$850

Boat Length Up To 19'

$895

Boat Length Up To 20'

$945

Boat Length Up To 21'

$990

Boat Length Up To 22'

$1,035

Boat Length Up To 23'

$1,085

Boat Length Up To 24'

$1,155

Boat Length Up To 25'

$1,210

Leesylvania Canoe/Kayak Storage: Renter must possess an annual parking pass.

$10 per month

Staunton River Boat Shed Fees: Does not include parking or launching fee, if applicable.

Nightly Storage

$4.00

Monthly Storage

$15

Six-Month Storage

$70

One-year boat storage

$120 without annual park/launch pass
$150 with Buggs Island Special pass

Claytor Lake: Boat Dock Slips:

FEE PER RENTAL SEASON

FEE PER RENTAL NIGHT

7' wide and under, and under 24' in length

$468

$11

9' wide and under, and under 24' in length

$715

$22

9' wide and under, and 24' or greater in length

$790

NA

14' wide and under Over 9' and up to 14' wide, and under 24' in length

$908

$22

Over 9' and up to 14' wide, and 24' or greater in length

$980

NA

Extended length slips End of dock slips

$770 $980

NA

Occoneechee:

FEE PER ANNUAL RENTAL PERIOD

FEE PER MONTH

FEE PER RENTAL NIGHT (Transient)

20' with water - 20 amp hookup

$1,200

$120

$18

30' with water - 20 amp hookup

$1,600

$160

NA

30' with water - 20 amp and 30 amp hookups

$1,750

$175

NA

Notes on Occoneechee marina fees/Claytor Lake board dock slips:

1. The annual rental period shall be March 1 through November 1 at Claytor Lake State Park and through the last day of February in the following year in Occoneechee State Park. All annual rental agreements, no matter when initiated, will end on the last day of an annual period (not 12 months from the time rental).

2. Any annual rental agreement entered into or renewed for a period that includes March 1 through June 30 shall be made at 100% of the annual rental fee.

3. The cancellation fee for an annual slip rental is three months rental. Also, after the first of the month, that month is considered to be "used."

4VAC5-36-140. Interpretive canoe, boat, and paddleboat fees.

INTERPRETIVE CANOE, BOAT, AND PADDLEBOAT PROGRAMS (NONTAXABLE)

Interpretive Canoe, Boat, and Paddleboat Tours:

FEE

Environmental Education Group Canoe Tour: Available only to bona fide educational groups. Requires previous reservation and arrangements. Minimum 10 persons. Mason Neck and all other parks where available unless otherwise noted.

$3.00 per person

Standard Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. Child riding as third passenger, where allowed, is free.

Individuals at all parks unless noted below.

$5.00 per person

Individuals at Leesylvania, York River, Pocahontas, Kiptopeke, Chippokes.

$9.00 per person

Individuals at Mason Neck.

$15 per person

Individuals at Natural Tunnel.

$15 per person

Individuals at False Cape: Back Bay Interpretive Tour.

$16 per person

Family Groups at all parks unless noted below. Minimum 4 paying customers.

$4.00 per person

Family Groups at Leesylvania, Pocahontas, York River, Kiptopeke. Minimum 4 paying customers.

$6.00 per person

Family Groups at Mason Neck.

$9.00 per person

Group rate at Natural Tunnel (minimum 10 paying customers).

$12 per person

Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours.

All parks where offered unless noted below.

$6.00 per person

Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals: Leesylvania, York River, Chippokes, Kiptopeke.

$11 per person

Sunset, Dawn, Extended Canoe Interpretive Tour Fee for Individuals:
New River Trail, Mason Neck.

$15 per person

Extended Canoe Interpretive Tour Fee for Individuals:
Grayson Highlands, Hungry Mother, New River Trail, Natural Tunnel.

$25 per person

Moonlight/Night Canoe Interpretive Tour Fee for Individuals:
Leesylvania, York River, Chippokes.

$13 per person

Moonlight/Night Canoe Interpretive Tour Fee for Individuals:
Mason Neck.

$20 per person

Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Applies to canoe, rowboat, or paddleboat tours. Minimum four 4 paying customers.

All parks where offered unless otherwise noted.

$5.00 per person

Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: Leesylvania, York River, Chippokes. Requires 4 or more paying customers.

$7.00 per person

Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for Family Groups: New River Trail, Mason Neck.

$11 per person

Moonlight/Night Canoe Interpretive Tour Fee for Family Groups:
Leesylvania, York River. Requires 4 or more paying customers.

$8.00 per person

Extended Canoe Interpretive Tour Fee for Family Groups:
Grayson Highlands.

$25 per person

Bear Creek Lake: Willis River Interpretive Canoe Tour

Short Trip.

$8.00 per person

Long Trip.

$10 per person

Natural Tunnel Clinch River:

Half-Day Trip Group Rate. Requires 10 or more paying customers.

$12 per person

Full-Day Trip. Group Rate. Requires 10 or more paying customers.

$20 per person

Half-Day Trip. Individuals.

$15 per person

Full-Day Trip. Individuals.

$25 per person

Overnight Trip. Individuals.

$45 per person

Short Trip. Clinchport to Copper Creek

$7.00 per person

False Cape: Day Kayak Paddle/Catered Lunch

$60 per person

False Cape: Back Bay by Water

$45 per person

Interpretive Kayak Tour, Solo Kayak: All parks where available unless otherwise noted.

$16 per person

Interpretive Kayak Tour, Solo Kayak: Natural Tunnel

Settlers Run

$7.00 per person

Boones Run

$15 per person

Long Hunters Run

$25 per person

Interpretive Kayak Tour, Solo Kayak: Westmoreland, Caledon

$19 per person

Interpretive Kayak Tour, Solo Kayak: False Cape

$20 per person

Interpretive Kayak Tour, Tandem Kayak: All parks where available unless otherwise noted.

$22 per kayak

Interpretive Kayak Tour, Tandem Kayak: Westmoreland, Caledon

$25 per kayak

Tag-along Fee: Participant provides their his own canoe or kayak. Not available at all sites.

$10 per person

Interpretive Stand-Up Paddle Board Tour: Westmoreland

$25 per person

Interpretive Pontoon Boat Tour: All parks where available.

$2.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Interpretive Tube Tour: all parks where available unless otherwise noted.

$6.00 per person

Lake Excursion and Ecology Tour

Claytor Lake: 2-hour tour includes grilled dinner and swimming. (Friday and Saturday only)

$10 $20 (Age 13 and over)
$7.00 $12 (Age 3 through 12)

Rental of Entire Boat (Exclusive Use): All parks where available

$60 per tour

Notes on Interpretive Canoe, Boat, and Paddleboat Programs:

1. Cancellation Policy for group reservations: Guest must cancel four days prior to the tour date in order to receive a refund. Any guest canceling less than four days before the start of the reservation will not be eligible for a refund. A one-time $10 cancellation fee will apply per reservation regardless of number of boats reserved. In the event of inclement weather where the park must cancel, the guest will be offered either a complete refund or reservation transfer to another date.

2. Additional costs for supplies and materials may apply.

4VAC5-36-150. Interpretive and educational tours and program fees.

INTERPRETIVE AND EDUCATIONAL TOURS AND PROGRAMS (NONTAXABLE)

Interpretive and Educational Tours and Programs

PARK

PROGRAM

FEE

All parks unless otherwise noted:

Standard Interpretive Program or Tour: such as typical staff led nature hikes or campfire programs.

Free

Fee-based Interpretive Program or Tour: (Fee only applies to programs or tours that have unusual costs or require special equipment, personnel, marketing, or other special arrangements).

$2.00 per person
$6.00 per family

Fee-based Night Hike or Evening Program or Evening Tour: (Fee only applies to programs or tours that have unusual costs or require special equipment, personnel, marketing, or other special arrangements).

$3.00 per person
$8.00 per family

Standard Workshop Fee

$5.00 per child (Age 12 and under)
$15 per adult (Age 13 and over)

Standard Wagon Ride Program

$3.00 per person
$8.00 per family
$25 exclusive group

Extended or Special Event Wagon Ride Program

$4.00 per person
$10 per family
$75 exclusive group booking

Park Outreach Program: Price per park staff member conducting program

$10 for under 2 hours
$25 for 2 to 3 hours
$50 for 4 hours plus

Standard Junior Ranger Program: 4-day program. All parks unless noted below.

$10 full program
$3.00 per day

Haunted Hike

$1.00 (Age 3 through 12)
$3.00 (Age 13 and over)

Geo Caching or Orienteering Interpretive Program.

$3.00 per person
$8.00 per family
$25 per group

Nature-Themed Birthday Party: Includes a nature talk, hike, games, songs, and time in the Nature Center for gifts and cakes. At least one staff member is present to conduct activities.

$96 per hour plus materials cost for 12 children
$8.00 per additional child

Standard Women's Wellness Weekend Program

$149 per person

Grayson Highlands

Junior Ranger Program

$5.00 per person per day

Hayrides

$2.00 per child
$3.00 per adult

Adventure Rangers Interpretive Program

$10 per person per day

Make a Birdhouse Program

$5.00 per person

Make Your Own Hiking Stick Program

$3.00 per person

2-Day Photography Class

$35 per person

Twin Lakes

Haunted Hike

$3.00 (Age 3 through 12)

$5.00 (Age 13 and over)

Occoneechee, Caledon

Individual interpretive program pass: (Allows admission for one 1 person to 4 interpretive programs valued at $3.00 or less)

$6.00 per pass

Family interpretive program pass: (Allows admission for members of the same family to 4 interpretive programs valued at $8.00 or less)

$18 per pass

Pocahontas

Nature Camps

$100 per child per program plus materials cost
$30 per child plus materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting camp programs.

Curious Kids

$3.00 per program

Nature and Discovery Programs (School/Groups Outreach)

$4.00 per child

$80 minimum
$15 additional if program is outside of Chesterfield County

Sky Meadows

Nature and Discovery Programs (School/Groups Outreach)

$2.00 per child
$50 minimum
$15 additional if program is outside of the following counties: Fauquier, Frederick, Clark, and Loudoun

Junior Ranger Outdoor Adventure Camp

$100 per child per program plus materials cost
$30 per child plus materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting camp programs.

Smith Mountain Lake

Nature and Discovery Programs (School/Groups Outreach)

$10 per school visit

What Bird Am I?

$3.00 per person

Who Is Coming to Dinner? (Owl Program)

$3.00 per person

Southwest Virginia Museum

How Our Ancestors Lived

$5.00 per person

Special Themed Interpretive Program

$10 per person

Music or Literary Event

$5.00 per person

Workshop (Adult)

$10 per person

Workshop (Children)

$5.00 per person

Nature and Discovery Programs (School/Groups Outreach)

$25 for under 2 hours
$50 from 2 hours to under 4 hours
$75 for 4 or more hours

Guided Tour or Activity

School Groups: $1.50 per person
Public Groups: $2.50 per person

Step-On Tour Guide Service

$7.00 per person

Caledon

Caledon Eagle Tours

$6.00 per person
$50 Flat Rate (minimum: 10; maximum: 20)

All Group Programs up to 2 hours long

$5.00 per person

Haunted Hay Ride

$5.00 per person (age 7 and over)
Children under 7 free

Special Program Bus Fee: Programs involving transportation within the natural area.

$3.00 per person

Workshop (Adult)

$15 per person

Workshop (Children)

$5.00 per person

Natural Tunnel: Cove Ridge

Guided Programs

$25 per program (Maximum 30 participants)
$25 facility fee (If applicable)

Environmental Education (Children's Activities)

$25 per program (Maximum 30 participants)
$25 facility fee (If applicable)

Environmental Education (Adult Facilitation)

$15 per person

Hungry Mother/ Hemlock Haven

Junior Naturalist Program

$4.00 per person per week
$12 unlimited participation in interpretive season

Kiptopeke

Birding Program (Group Rates)

$35 (Corporate)
$25 (Nonprofit)

York River

Guided Adventure Programs

$4.00 per person
$40 per group (Minimum 12 persons)

Westmoreland

Guided Program Fee

$25 per person

Natural Tunnel

Junior Ranger Program (Includes T-Shirt)

$35 per person

Wagon Ride Program

$50 Exclusive Education Group Booking

Hay Wagon and Hot Dog Roast

$10 per person

Bike Tours - 2 hours

$10 per person

Extended Bike Tours - 4 hours

$15 per person

Canoe and Bike Tour - 4 hours

$20 per person

Halloween Haunted House/Hay Wagon Ride

$3.00 (Age 3 through 12)
$5.00 (Age 13 and over)

Mason Neck

Junior Ranger Program

$50 per person

Holliday Lake

Field Archaeology Workshop

$25 per person

Junior Ranger Program (3 half-day workshop workshops) (Ages 6 to 13)

$25 per child

False Cape

Wildlife Watch Tour – Per Person

$8.00 per person

Wilderness Survival Weekend (2-night stay)

$200 per person

Wilderness Survival Weekend (1-night stay)

$100 per person

Wilderness Survival Program

$16

Astronomy Program

$16 per person

Wild Women Weekend

$200 per person

Summer Survival

$120 per person

Blue Berry Blues

$20 per person

Staunton River

Interpretive Craft

$2.00 per person

First Landing

Junior Ranger Program
3 Hour Program
6 Hour Program


$25 per person
$50 per person

Bear Creek Lake

Junior Ranger Program

$20 per person

Leesylvania

Junior Ranger Program

$50 per person

Halloween Haunted Hike

$2.00 per person
$6.00 per group (4 person maximum)

Interpretive Programs

$2.00 per person

Kids Fishing Tournament

$2.00 per child

Natural Tunnel

Pannel Cave Tour

$10 per person
$7.00 per person (Family-Group; 8-person minimum)

Bolling Cave Tours

$15 per person
$12 per person (Family-Group; 10-person minimum)

Stock Creek Tunnel Tour/Snorkeling on the Clinch

$5.00 per person

Canorkle (Canoeing and Snorkeling guided tour)

$15 per person

Hike to the Tub

$10 per person

New River Trail

New River Trail Seniors Van Tour Full Day

$25 per person

New River Trail Seniors Van Tour Half Day

$15 per person

Bertha Cave Tour

$10 per person

James River

Haunted Wagon Ride

$5.00 per person (Age 7 and over)
Children 6 and under free

Interpretive Archery Program

$5.00 per person

Belle Isle

Triple Treat Program: Hayride/Canoe/Campfire

$10 per person

Junior Ranger 3-day program

$5.00 per class

Bike Tour: visitors can supply their own bike or rent separately

$2.00 per person
$6.00 per family

Notes on interpretive and educational tours and programs:

Additional costs for supplies and materials may apply.

4VAC5-36-160. Outdoor skill program fees.

OUTDOOR SKILL PROGRAMS (NONTAXABLE)

Outdoor Skill Programs

FEE

Grayson Highlands

Outdoor Survival Skills and Backpacking

$95 per person

Basic Map and Compass

$25 per person

Beginning Rock Climbing and Backpacking

$95 per person

Advanced Map and Compass Skills

$25 per person

Westmoreland, Douthat, Hungry Mother, False Cape

Photography Workshop, with meals and lodging

$325 per person

Photography Workshop, with meals, no lodging

$295 per person

Photography Workshop, no meals, no lodging

$225 per person

Nonparticipant Lodging and Food

$235 per person

Nonparticipant Meals only

$125 per person

Lake Anna

Prospecting for Gold Workshop

$50 per person

Kipotopeke Kiptopeke

Kayak Fishing Program

$35 per person

Hungry Mother

Mountain Empire Fly Fishing School

$225 per person

Grayson Highlands

Guided Fly Fishing Trip: Half-day
Guided Fly Fishing Trip: Full-day

$50 per person
$75 per person

Shenandoah River

Zipline Canopy Tour

$89 per person

Sky Meadows

Venture Realm Hiking Retreat

$53 per person

4VAC5-36-200. Miscellaneous rental fees.

RENTALS (TAXABLE; Price here does not include tax)

Bike Rentals (includes helmet)

FEE

All parks where available unless otherwise noted

$3.00 per hour
$8.00 per half-day
$15 per full-day

New River Trail, James River, Mason Neck

$5.00 per hour
$12 per half-day
$18 per day

First Landing

$5.00 per hour
$16 per day

Claytor Lake

Adult Bicycles

$10 per hour

$15 per half-day

$25 per day

Children Bicycles

$8.00 per hour

$12 per half-day

$20 per day

Children Bicycle Trailer

$8.00 per hour

$12 per half-day

$20 per day

Bike Helmet without bike rental

$1.00

Child Cart for bike (unless otherwise noted)

$5.00

Personal Bike Repair Services

$25 basic tune-up

$60 standard tune-up

$13.50 flat repairs

$10 minor adjustments

Boat Rentals

Standard Paddle Boat Paddleboat Rental:

All parks where available unless otherwise noted

$4.00 per half-hour
$6.00 per hour

Fairy Stone, Hungry Mother

$5.00 per half-hour
$8.00 per hour

Smith Mountain Lake

$25 per half-hour
$35 per one hour

Westmoreland

$7.00 per half-hour

$12 per hour

Standard Canoe Rental:

All parks where available unless otherwise noted.

$8.00 per hour
$15 per half-day
$25 per full-day
$40 for 24 hours
$100 per week

Smith Mountain Lake

$8.00 per half-hour
$12 per one hour
$60 for 24 hours
$30 additional for each day after first day

Claytor Lake

$12 per hour
$35 per half-day
$50 per day

Leesylvania, Mason Neck

$7.00 per half-hour
$12 per hour
$35 per half-day
$50 per day

James River

$10 per hour (does not include shuttle)
$40 per day (does not include shuttle)
$120 per week (does not include shuttle)

Standard Float Trips:

James River

Bent Creek to Canoe Landing:

Canoe

$45 Max 3 people

Single Kayak

$35 per kayak

Canoe Landing to Dixon Landing:

Tubes

$12 per tube

Group of four or more

$10 per tube

Canoe

$15 per canoe

Single Kayak

$15 per kayak

Bent Creek to Dixon Landing:

Canoe

$50 per canoe

Single Kayak

$40 per kayak

Shuttle Service Only:

Canoe Landing to Dixon Landing, canoe or single kayak, scheduled or unscheduled

$2.00 per person
$5.00 per canoe/kayak

Bent Creek Shuttle (Scheduled)

$5.00 per boat (canoe/kayak)
$5.00 per person

Bent Creek Shuttle (Unscheduled)

$15 per boat (canoe/kayak)
$15 per person

Tubes

$5.00 per person/Bent Creek Shuttle
$2.00 between landings in park

Late Rental Fee

$15 per half hour past return time

New River Trail

$7.00 per hour
$20 per half-day
$30 per day
$35 per half-day, includes canoe rental and shuttle
$50 per full day, includes canoe rental and shuttle

Canoe Rental (includes shuttle)

Trip A: Austinville to Foster Falls

$35 per canoe

Trip B: Ivanhoe to Austinville

$50 per canoe

Trip C: Ivanhoe to Foster Falls

$55 per canoe

Trip D: Foster Falls to Allisonia

$55 per canoe

Kayak Rental (includes shuttle)

Trip A: Austinville to Foster Falls

$25 per kayak

Trip B: Ivanhoe to Foster Falls

$40 per kayak

Trip C: Foster Falls to Allisonia

$45 per kayak

Standard Rowboat Rental, without motor:

All parks where available unless otherwise noted

$6.00 per hour
$12 per half-day
$22 per full-day
$36 per 24 hours
$80 per week

Hungry Mother: Rowboats

$4.00 per hour
$15 per day
$40 per week

New River Trail: Rafts and flat-bottom boats

$7.00 per hour
$20 per half-day
$30 per day

Standard Rowboat Rental with electric motor and battery: All parks where available unless otherwise noted

$10 per hour
$20 per 4 hours
$36 per day
$100 per 4 days
$150 per week

Hungry Mother: Standard Rowboat Rental with electric motor and battery

$12 per hour

$24 per 4 hours

$45 per day

$75 per 24 hours (limited to overnight guests)

Standard Motorboat Rental, 16-foot console steering, 25-45 horsepower outboard. All parks where available.

$18 per hour
$90 per day

Standard Fishing Boat Rental with gasoline motor and one tank of fuel: All parks where available.

$10 per hour (2-hour minimum)
$50 per day

Pedal Craft Rental: (Hydro-Bike, Surf-Bike, etc.) All parks where available unless otherwise noted.

One person.

$8.00 per hour

Two person.

$10 per hour

Hungry Mother: Hydro Bike

$5.25 per half hour

$8.00 per hour

Smith Mountain Lake: Hydro Bike

$8.00 per half hour
$12 per hour
$4.00 additional per hour after first hour
$60 per 24 hours
$30 additional per day after first day

Barracuda Boat. All parks where available

$10 per hour

Solo Kayak Rental:

All parks where available unless otherwise noted

$8.00 per hour
$20 per half-day
$30 per day
$40 for 24 hours
$100 per week

Westmoreland

$12 per hour
$17 per half-day

Smith Mountain Lake

$8.00 per half hour
$12 per hour
$60 per 24 hours
$30 additional per day after first day

Mason Neck

$6.00 per half-hour
$10 per hour
$35 per half-day
$50 per day

James River

$7.00 per hour (does not include shuttle)
$20 per day (does not include shuttle)
$80 per week (does not include shuttle)
$12 per half hour past return time

Claytor Lake

$10 per hour
$25 per half-day
$40 per day

Tandem Kayak Rental:

All parks where available unless otherwise noted.

$10 per hour
$20 per half-day
$30 per full-day
$45 for 24 hours
$120 per week

Westmoreland

$15 per hour
$22 per half-day

Smith Mountain Lake

$10 per half-hour
$15 per hour
$80 for 24 hours
$30 additional for each day after first day

Mason Neck

$8.00 per half-hour
$15 per hour
$45 per 4 hours
$60 per day

Smith Mountain Lake: 14-foot fishing boat with 5 hp (3 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required.

$50 for 3 hours
$10 additional per hour after first 3 hours
$150 for 24 hours
$30 additional per day after first day

Claytor Lake: 16-foot Bass Tracker with 60 hp motor. Damage deposit of 50% required.

$30 per hour
$75 per half-day
$115 per day

Claytor Lake: 20-foot pontoon boat with 90 hp motor. Damage deposit of 50% required.

$45 per hour
$120 per half-day
$185 per day

Claytor Lake: 21-foot pontoon boat (10 person capacity) with 75 hp motor and tow hook. Damage deposit of 50% required.

$45 per hour
$125 per half-day
$195 per day

Claytor Lake: 24-foot pontoon boat with 75 hp motor. Damage deposit of 50% required.

$50 per hour
$140 per half-day
$210 per day

Claytor Lake: 24-foot pontoon boat with 115 hp motor. Damage deposit of 50% required.

$55 per hour
$150 per half-day
$225 per day

Claytor Lake: 30-foot pontoon boat with 115 hp motor. Damage deposit of 50% required.

$60 per hour
$165 per half-day
$250 per day

Claytor Lake: 18-foot bowrider with 190 hp motor. Damage deposit of 50% required.

$50 per hour
$135 $130 per half-day
$205 $200 per day

Claytor Lake: 30-foot pontoon boat with 60 hp motor. Damage deposit of 50% required.

$350 per day
$175 9 a.m. - noon
$225 1 p.m. -5 p.m.

Claytor Lake: 19-foot bowrider with 220 hp motor, Damage deposit of 50% required.

$55 per hour
$150 per half-day
$225 per day

Occoneechee: 17-1/2-foot fishing boat. Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$85 per hour
$20 additional per hour after first hour
$175 per 8 hours
$875 per 7 day week

Occoneechee: 20-foot pontoon boat with motor (8 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$85 per hour
$20 additional per hour after first hour
$175 per 8 hours
$875 per 7 day week

Occoneechee: 22-foot pontoon boat with motor (10 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$95 per hour
$20 additional per hour after first hour
$185 per 8 hours
$925 per 7 day week

Occoneechee: 25-foot pontoon boat with motor (14 person capacity) Rental includes 30 gallons of fuel. Damage deposit of $200 required.

$110 per hour
$25 additional per hour after first hour
$230 per 8 hours
$1,150 per 7 day week

Smith Mountain Lake: 18-20-foot Runabout with 190 hp (8 person capacity). Rental does not include fuel and oil. Damage deposit of $200 required.

$165 for 3 hours
$20 additional per hour after first 3 hours
$255 per 8 hours
$320 for 24 hours
$100 additional per day after first day

Claytor Lake: Jet Ski/Personal Watercraft

$50 per hour
$140 per 4 hours
$210 per 8 hours

Smith Mountain Lake: 24-foot pontoon boat with 40 hp (10-12 person capacity). Damage deposit of $200 required.

$90 for 3 hours
$20 additional per hour after first 3 hours
$165 per 8 hours
$215 for 24 hours
$80 additional each day after first day

Smith Mountain Lake: Personal Watercraft (Waverunner 700). Rental does not include fuel and oil. Damage deposit of $500 required.

$180 for 3 hours
$20 additional per hour after first 3 hours
$270 per 8 hours
$335 for 24 hours
$130 additional per day after first day

Belle Isle: Motorboat less than 25 horsepower (3 gallons of fuel included, 2 hour minimum)

$15 per hour
$60 per half-day
$100 per day

Belle Isle: Motorboat 25-49 horsepower (11 gallons of fuel included, 2 hour minimum)

$22 per hour
$70 per half-day
$110 per day

Standard Damage/Replacement Fees: All parks where available unless otherwise noted. Not required for damage due to normal wear and tear.

Paddle

$20

Anchor/Rope

$40

Fuel Tank/Hose

$60

Fire Extinguisher

$25

Throw Cushion

$10

Propeller (small)

$100

Propeller (large)

$135

Personal Flotation Device (PFD): replacement fee for lost/damaged PFD

$25 each

Other Rentals:

Personal Flotation Device (PFD): When separate from boat rental.

$1.00 per day

Smith Mountain Lake, James River: Personal Floatation Device, type II.

$5.00 for first day
$1.00 additional days

Smith Mountain Lake: Personal Floatation Device, type III

$7.00 for first day
$2.00 additional days

Canoe/Kayak Paddles: All parks where available unless otherwise noted.

$5.00 per day

New River Trail: Float Tubes

$5.00 per hour
$12 per half-day
$18 per day

James River:

Cooler Tubes

$3.00 per day

Tubes

$8.00 per hour (does not include shuttle)
$20 per day (does not include shuttle)
$12 per half hour past return time

Claytor Lake: 2-person tow tube and towrope (with rental of boat only)

$20 per 2 hours
$25 per half-day
$30 per day

Claytor Lake: Water skis and towrope (with rental of boat only)

$20 per 2 hours
$25 per half-day
$30 per day

Claytor Lake: Kneeboard and towrope (with rental of boat only)

$15 per 2 hours
$20 per half-day
$25 per day

Claytor Lake: Tubes/Skis (without boat rental)

$25 per half-day
$35 per day

Smith Mountain Lake: Tow tube; Water Skis; Knee Board

$15 per day with boat rental
$5.00 per additional day
$25 per day without boat rental

Smith Mountain Lake: Wake Board

$25 per day with boat rental
$10 per additional day
$30 per day without boat rental

Mobile Pig Cooker: All parks where available unless otherwise noted.

$40 per day

GPS Units

$6.00 per unit per half-day
$10 per unit per day

Volleyball Net and Ball Rental: All parks where available.

$10

Binocular Rentals (2 hours): All parks where available.

$2.00

Beach Floats: All parks where available.

$1.00 per hour
$3.00 for 4-hours
$5.00 for full-day

Surf Lounge Floating Chair Rental. All parks where available.

$2.00 per hour, single chair
$5.00 per half-day, single chair
$7.00 per full day, single chair
$3.00 per hour, double chair
$7.00 per half-day, double chair
$10 per full day, double chair

Body Board: First Landing

$6.00 per day

Standard Stand-Up Paddle Board: Westmoreland

$15 per hour

Beach Umbrella: All parks where available unless otherwise noted.

$3.00 per hour
$8.00 for 4 hours
$15 for full-day

First Landing

$6.00 per day

Beach Chair: All parks where available

$5.00 per day

First Landing

$6.00 per day

Fishing Rods: All parks where available unless otherwise noted.

$5.00 per half-day

First Landing

$6.00 per day
$3.00 per rod per fishing program

Tents with a group camp reservation. All parks where available.

2-person tent

$12 per day

3-person tent

$20 per day

4-person tent

$25 per day

5-person tent

$30 per day

Coleman Camp Stove Rental, includes fuel

$10 per day

Tabletop Propane Grill, includes fuel

$15 per day

Coin-Operated Washing Machine: All parks where available unless otherwise noted.

$1.25 per load, tax included

First Landing

$1.50 per load, tax included

Coin Operated Dryer: All parks where available unless otherwise noted.

$1.25 per load, tax included

First Landing

$1.50 per load, tax included

Pump Out: All parks where available unless otherwise noted.

$5.00

Horse Rentals:

All parks where available unless otherwise noted.

$20 per one-hour ride
$35 per two-hour ride
$100 per full day ride

Pony Rides: All parks where available unless otherwise noted.

$5.00 per 15 minutes

Horseback Riding Lessons: All parks where available unless otherwise noted.

$25 per lesson on group basis
$30 per lesson for individual

Horseback Summer Day Camp: All parks where available unless otherwise noted.

$180 per person per week

Horseshoe or Croquet Rental for Campers. All parks where available.

$1.00 per hour
$5.00 per day
$20 deposit

Grayson Highlands:

Bouldering pad

$5.00 per day

Bouldering pad with chalk bag

$8.00 per day

4VAC5-36-210. Conference center and meeting facility fees.

CONFERENCE CENTERS (TAXABLE)

Prices may be discounted and/or waived by the director when necessary to create competitive bids for group sales.

FEE

Hemlock Haven Conference Center at Hungry Mother

Main Hall (Capacity: 240)

$350 per day

Upper Level Dogwood Room (Capacity: 50)

$200 per day

Lower Level Board Room: (Capacity: 16)

$100 per day

Ferrell Hall (Entire complex from 8 a.m. through 10 p.m.)

$575 per day

Day Use Recreational Package (Includes all outside recreational facilities)

0 – 250 Persons

$300 per half-day
$600 per full-day

250 251 – 500 Persons

$425 per half-day
$850 per full-day

500 501 + persons

$575 per half-day
$1,200 per full-day

Cedar Crest Conference Center at Twin Lakes

Complex: Doswell Hall with deck, grounds, volleyball, horseshoes; Kitchen, Latham and Hurt Rooms NOT included.

$229 per 4 hours
$459 per day
$53 each extra hour

Doswell Meeting Room: Meeting Room only; no kitchen or dining room.

$164 per room per 4 hours
$328 per room per day
$37 each extra hour

Small breakout rooms with main room: Latham and Hurt.

$65 per room per 4 hours
$131 per room per day
$21 each extra hour

Small breakout rooms without main room.

$98 per room per 4 hours
$196 per room per day
$37 each extra hour

Picnic Shelter or Gazebo at Cedar Crest.

$68 per 4 hours
$131 per day
$11 each extra hour

Kitchen rental only available with complex rental.

$105 per event

Kitchen Cleaning Fee: Deposit.

$150 per event

Chippokes Plantation Meeting, Conference, and Special Use Facilities

Mansion Conference Room.

$26 per hour

Mansion or Historic Area Grounds (Includes parking for party rental).

$525 per 4 hours

Mansion Board Room

$105 per 4 hours

Chippokes Plantation Conference Shelter (Available on reservation basis only).

$105 per 4 hours

Wedding Package (includes historic area grounds, gardens, tent set up and take down, 10 60-inch round tables, 10 standard size rectangle tables, 100 folding chairs, Wedding Coordinator, changing room for bride and groom, Mansion kitchen area, boardroom, no fee for wedding rehearsal).

$1,412 per 4 hours
$2,073 per 8 hours
$50 nonrefundable reservation fee

Southwest Virginia Museum

DAY

EVENING

Victorian Parlor

Up to 30 People (8 tables – 30 chairs) OR Up to 50 people (50 chairs and head table)

$42

$68

Additional meeting rooms: Victorian Parlor must be rented in order to rent additional rooms.

Hallway (downstairs) (Includes three existing tables with linens)

$11

$11

Additional Hours

$10 per hour

$10 per hour

Exceeding approved hours

$20 per hour

$20 per hour

Wedding Portraits

$52 per 2 hours

$78 per 2 hours

Wedding Packages

EVENT

Wedding Package A: Accommodates 100 people. Use of arbor in Victorian Garden. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$500

Wedding Package B: Accommodates 100 people. Use of a 40x40 Tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$1,500

Wedding Package C: Accommodates 200 people (this requires an off-site reception area). Use of a 40x60 tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 200 chairs. Two parking attendants. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled).

$2,500

Reception Packages

Casual Reception Package A: May be reserved with Wedding Package A or B. Use of Victorian Parlor or foyer; parlor set with serving tables and linens. Use of serving kitchen.

$200

Casual Reception Package B: May be reserved with Wedding Package A or B. Use of 20x30 tent; set with tables and linens. Use of serving kitchen.

$300

Formal Reception Package C: May be reserved with Wedding Package A or B. Use of 40x60 tent; sit-down reception for 100 to include tables, linens and chairs. Use of serving kitchen.

$2,250

Wedding and Reception Combination Package

Wedding and Reception Combination Package: Accommodates 100 people. Both wedding and reception are held under the same tent. Use of a 40x60 tent. Small platform stage (4"H x 8'W x 8'L). Accent rope lighting. Setup of 100 chairs. One parking attendant. Use of wedding space for previous night's rehearsal. Bride and groom dressing rooms. Free use of facilities for wedding portrait (must be scheduled). Back of tent set with serving tables and linens. Use of serving kitchen.

$2,500

Damage Fee: a minimal damage fee will be accessed the person(s) renting the property for damage to the site.

$200

Wilderness Road (Mansion and Ground Rental)

Karlan Mansion and Grounds Rental

$350 for first day
$150 for each additional day

Wilderness Road Visitor Center Theater

$50 per 4 hours

Cove Ridge Center at Natural Tunnel:

PRIVATE FEE

EDUCATIONAL FEE

Cove Ridge Center Annual Membership: Membership entitles organization to a 25% discount on facility rental fees and group rates on all programming offered through the center.

$1,050 per year

$525 per year

Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for two consecutive half-day rental periods, and parking passes.

$315 $415

$210

Overnight Use of one dorm: Includes Day Use Package plus one dorm rooms for one night and swimming (in season).

$683

$498

Overnight Use of both dorms: Includes Day Use Package plus two dorm rooms for one night and swimming (in season).

$892

$656

Wedding Package Day Use: Exclusive use of the auditorium, meeting room, resource library, catering kitchen, great room with stone fireplace and deck for three consecutive half-day rental periods, and parking passes.

$525

NA

Wedding Package Overnight: Includes Day Use Package plus one dorm for one night and swimming (in season).

$919

NA

Wedding Package Overnight: Includes Day Use Package plus both dorms for one night and swimming (in season).

$1,102

NA

Wedding Package with Amphitheater: Rental of the park amphitheater in conjunction with any of the above wedding packages.

$236 for the rental period

NA

Removal of furniture from great room (only available with exclusive use of the center).

$42

$42

Additional seating on deck (only available with exclusive use of the center).

$42

$0

Auditorium

$126 $150 per half day
$231 $250 per full day

$99 per half day
$183 per full day

Classroom – Library (half-day)

$63

$47

One dorm: Overnight lodging for up to 30, includes swimming (in season) and parking passes.

$420 per night
April 1-October 31
$378 per night
November 1-March 31

$315 per night April 1-October 31
$283 per night November 1-March 31

Both Dorms: Overnight lodging for up to 60, includes swimming (in season) and parking passes.

$630 per night April 1-October 31
$567 per night November 1-March 31

$472 per night April 1-October 31
$425 per night November 1-March 31

Per Person Student Rate for Overnight Dorm Use

$13 per person

$13 per person

Kitchen Use (when not included in package)

$50 per event

$50 per event

Heritage Center at Pocahontas: All reservations require 50% down at time of reservation (Nonrefundable within 14 days of event)

PRIVATE FEE

EDUCATIONAL FEE

Large Room (Capacity: seated at tables 50; reception style 125, auditorium 80: includes tables, chairs, and warming kitchen)

$131 per 4 hours
$236 per full-day
$26 each extra hour

$78 per 4 hours
$141 per full-day
$15 each extra hour

Grayson Highlands

FEE

Wedding Packages:

0 – 100 persons

101 – 150 persons

151 – 200 persons

$100

$150

$200

Westmoreland

FEE

Tayloe and Helen Murphy Hall Meeting Facility: Includes Main Meeting Room, Kitchen, and Grounds

$500 (8 a.m. to 10 p.m.)
$350 additional rental days after first day

Wedding and Reception Package for Tayloe and Helen Murphy Hall: The hours accompanying this package are 10:00 a.m. to 10:00 p.m. on Friday, 8:00 a.m. to 10:00 p.m. on Saturday, and 9:00 a.m. to 2:00 p.m. on Sunday.

$1,000

Potomac Overlook Rental

$55 per day

Kitchen Clean Up Fee: (Waived if renter cleans facility)

$250 per event

Potomac River Retreat: Table and Chair Set-up

$40

Fairy Stone

Fayerdale Hall Meeting Facility Weekend Rental. Includes Friday, Saturday, and Sunday

One Day Rental

$236 (8 a.m. to 10 p.m.)

Two Consecutive Days Rental

$315

Three Consecutive Days Rental

$366

Fayerdale Hall Meeting Facility Weekday Rental. Includes Monday through Thursday only.

One Day Rental

$75 (8 a.m. to 10 p.m.)

Two Consecutive Days Rental

$125

Three Consecutive Days Rental

$174

Four Consecutive Days Rental

$225

Douthat

Restaurant (includes table set-up)

$236

Allegheny Room: Up to 30 persons.

$158 per day

Wedding Package: Conference room and amphitheater (see "amphitheater section") on day of wedding, plus an extra half-day amphitheater for rehearsal.

$289

First Landing

Trail Center Conference Room and Meeting Facility

$280 per day

Lake Anna

Visitor Center

$32 per half-day
$53 per full day

Concessions Building Rental

$100 per day

Bear Creek Lake

Meeting facility

$350 per day (Memorial Day weekend through October 31)

$236 per day (November 1 up to Memorial Day weekend)
$25 each extra hour

Wedding Package

$400 per day (Memorial Day weekend through October 31)

$315 per day (November 1 up to Memorial Day weekend)

Claytor Lake

Marina Meeting Facility: Includes facility, chairs, and tables.

$550 $633 per day, Friday – Sunday
$275 per day, Monday – Thursday
$825 $1,203 per two days

Wedding Package: Includes rental of facility, chairs, tables, gazebo, and special use permit ($10 permit fee is waived with package).

$625 $702 per day package
$995 $1,395 per two-day package

Leesylvania Wedding/Function Package: Includes Rental of: Lee's Landing Picnic Shelter, 100 Chairs, 15 Tables, and Parking for up to 50 vehicles.

$840 per half-day
$945 per full-day

Mason Neck

Small Wedding Package: Includes two 10 foot by 10 foot canopies, up to 50 chairs, and parking for up to 25 cars.

$250 per event

Wedding Package: Includes a 20 foot by 40 foot tent, up to 100 chairs, and parking for up to 50 cars.

$788 per event

Parking Attendant

$53 per 4 hours

Smith Mountain Lake

Meeting room at Visitor Center

$158 per day

Exceeding approved hours. All parks unless otherwise noted below.

$25 per hour

Sky Meadows

Timberlake House Meeting Room

Capacity 15 people

$50 $150 per day 8 a.m. to 5 p.m.
$75 per evening beyond 5 p.m. $50 additional per day to extend rental to 8 p.m.

Timberlake House Kitchen (in conjunction with rental of meeting room)

$25 per day or part of day

Equipment and Services Associated with Meetings and Rentals:

Microphone/Podium Rental

$15 per day

Stage Section Rental: 4' x 4'

$24 per event

First Landing

Trail Center Pergola

$95 per 3 hours

Chair Rentals

White, padded

$3.00

White, plastic event chair

$1.50

Standard folding chair

$1.00

Table Rentals

Rectangular, 6'

$7.50

Rectangular, 8'

$8.00

Round, 4'

$7.50

Round, 5'

$8.75

Round, 6'

$15

Linen Rentals: All parks unless otherwise noted

Table cloth only
Place settings

$3.00 per table
$2.00 each

Wilderness Road

Table cloth

$7.00

Twin Lakes

Overlay

$1.25 per table

Napkins

$0.40 per napkin

Fax

First 2 pages free
$2.00 each extra page

Copies

Single copy free
$0.15 each extra copy

Lost Key Fee

$10

Easels

$5.00 per day

Overhead Projector

$10 per day

TV with VCR

$10

Second TV

$10

Overhead Projector with Screen

$10

Slide Projector with Screen

$10

Flip Chart

$10

Event Set-up and Clean Up Fees

First Landing

Table and Chair Set-up Fee

$40 per event

Park labor to clean up after special events and facility rentals if not done in accordance with rental agreement or use permit

$50 per hour

Notes on conference and meeting facilities fees:

1. Conference and meeting facilities require a 30% prepayment due 10 days after making reservation, and payment of the full balance prior to or on the first day of the reservation. Cancellations made 14 or more days prior to the first day of the reservation shall be charged the lesser of 10% of the total fee or $100. Cancellations made less that than 14 days prior to the first date of the reservation shall be charged 30% of the total fee.

2. Alcohol use during weddings at the Southwest Virginia Museum: Weddings held during public operating hours of the museum will not be allowed to serve alcohol. Weddings held after regular operating hours of the museum must comply with ABC permit laws and have alcohol in the designated reception areas.

4VAC5-36-220. Administrative and processing fees.

Returned Check Fee

$35

Special Use Application Fee: Special use Permits, issued by the park, are required for special events, collecting permits, and unusual usage of the park that may interfere with other park visitors, place special demands on park resources, or create unusual risk. The fee is nonrefundable.

$10 $25

Replacement fee for annual pass: no replacement fee required for Golden Disability Pass.

$10 $15

Disabled Visitor Motorized Vehicle Annual Pass Processing Fee: New River Trail. Applies to specially permitted disabled vehicles and transportation devices allowed within the park. Fifteen dollars of the processing fee is refundable if permit is denied.

$25

VA.R. Doc. No. R15-4163; Filed November 12, 2014, 11:18 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Emergency Regulation

Title of Regulation: 4VAC20-620. Pertaining to Summer Flounder (amending 4VAC20-620-30, 4VAC20-620-40).

Statutory Authority: §§ 28.2-201 and 28.2-210 of the Code of Virginia.

Effective Dates: November 10, 2014, through December 10, 2014.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email betty.warren@mrc.virginia.gov.

Preamble:

This emergency action establishes a 20-day consecutive landing period beginning December 1, 2014, for any legally licensed summer flounder endorsement licensee landing summer flounder harvested outside of Virginia waters.

4VAC20-620-30. Commercial harvest quota and allowable landings.

A. During each calendar year, allowable commercial landings of Summer Flounder shall be limited to a quota in total pounds calculated pursuant to the joint Mid-Atlantic Fishery Management Council/Atlantic States Marine Fisheries Commission Summer Flounder Fishery Management Plan, as approved by the National Marine Fisheries Service on August 6, 1992 (50 CFR Part 625); and shall be distributed as described in subsections B through G of this section.

B. The commercial harvest of Summer Flounder from Virginia tidal waters for each calendar year shall be limited to 300,000 pounds of the annual quota described in subsection A of this section. Of this amount, 142,114 pounds shall be set aside for Chesapeake Bay-wide harvest.

C. From the first Monday in January through the day preceding the second Monday in November November 30, allowable landings of Summer Flounder harvested outside of Virginia shall be limited to an amount of pounds equal to 70.7% of the quota, as described in subsection A of this section, after deducting the amount specified in subsection B of this section.

D. From the second Monday in November December 1 through December 31, allowable landings of Summer Flounder harvested outside of Virginia shall be limited to an amount of pounds equal to 29.3% of the quota, as described in subsection A of this section, after deducting the amount specified in subsection B of this section, and as may be further modified by subsection E of this section.

E. Should landings from the first Monday in January through the day preceding the second Monday in November November 30 exceed or fall short of 70.7% of the quota described in subsection A of this section, any such excess shall be deducted from allowable landings described in subsection D of this section, and any such shortage shall be added to the allowable landings as described in subsection D of this section. Should the commercial harvest specified in subsection B of this section be projected as less than 300,000 pounds, any such shortage shall be added to the allowable landings described in subsection D of this section.

F. The Marine Resources Commission will give timely notice to the industry of the calculated poundages and any adjustments to any allowable landings described in subsections C and D of this section. It shall be unlawful for any person to harvest or to land Summer Flounder for commercial purposes after the commercial harvest or any allowable landings as described in this section have been attained and announced as such. If any person lands Summer Flounder after the commercial harvest or any allowable landing have been attained and announced as such, the entire amount of Summer Flounder in that person's possession shall be confiscated.

G. It shall be unlawful for any buyer of seafood to receive any Summer Flounder after any commercial harvest or landing quota as described in this section has been attained and announced as such.

4VAC20-620-40. Commercial vessel possession and landing limitations.

A. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia's waters to do any of the following, except as described in subsections B, C, and D of this section:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 10% by weight of Atlantic croaker or the combined landings, on board a vessel, of black sea bass, scup, squid, scallops and Atlantic mackerel.

2. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of 1,500 pounds landed in combination with Atlantic croaker.

3. Fail to sell the vessel's entire harvest of all species at the point of landing.

B. From the second Wednesday in March through the day preceding the second Monday in November November 30, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 20-day period, with the first 20-day period beginning on the second Wednesday in March.

3. Land in Virginia more than 12,500 pounds of Summer Flounder during each consecutive 20-day period, with the first 20-day period beginning on the second Wednesday in March.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

C. From the second Monday in November December 1 through December 31 of each year, or until it has been projected and announced that 85% of the allowable landings have been taken, it shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to do any of the following:

1. Possess aboard any vessel in Virginia waters any amount of Summer Flounder in excess of the combined total of the Virginia landing limit described in subdivision 3 of this subsection and the amount of the legal North Carolina landing limit or trip limit.

2. Land Summer Flounder in Virginia for commercial purposes more than twice during each consecutive 15-day 20-day period, with the first 15-day 20-day period beginning on the second Monday in November December 1.

3. Land in Virginia more than a total of 10,000 pounds of Summer Flounder during each consecutive 15-day 20-day period, with the first 15-day 20-day period beginning on the second Monday in November December 1.

4. Land in Virginia any amount of Summer Flounder more than once in any consecutive five-day period.

D. From January 1 through December 31 of each year, any boat or vessel issued a valid federal Summer Flounder moratorium permit and owned and operated by a legal Virginia Commercial Hook-and-Line Licensee that possesses a Restricted Summer Flounder Endorsement shall be restricted to a possession and landing limit of 200 pounds of Summer Flounder, except as described in 4VAC20-620-30 F.

E. Upon request by a marine police officer, the seafood buyer or processor shall offload and accurately determine the total weight of all Summer Flounder aboard any vessel landing Summer Flounder in Virginia.

F. Any possession limit described in this section shall be determined by the weight in pounds of Summer Flounder as customarily packed, boxed and weighed by the seafood buyer or processor. The weight of any Summer Flounder in pounds found in excess of any possession limit described in this section shall be prima facie evidence of violation of this chapter. Persons in possession of Summer Flounder aboard any vessel in excess of the possession limit shall be in violation of this chapter unless that vessel has requested and been granted safe harbor. Any buyer or processor offloading or accepting any quantity of Summer Flounder from any vessel in excess of the possession limit shall be in violation of this chapter, except as described by subsection I of this section. A buyer or processor may accept or buy Summer Flounder from a vessel that has secured safe harbor, provided that vessel has satisfied the requirements described in subsection I of this section.

G. If a person violates the possession limits described in this section, the entire amount of Summer Flounder in that person's possession shall be confiscated. Any confiscated Summer Flounder shall be considered as a removal from the appropriate commercial harvest or landings quota. Upon confiscation, the marine police officer shall inventory the confiscated Summer Flounder and, at a minimum, secure two bids for purchase of the confiscated Summer Flounder from approved and licensed seafood buyers. The confiscated fish will be sold to the highest bidder and all funds derived from such sale shall be deposited for the Commonwealth pending court resolution of the charge of violating the possession limits established by this chapter. All of the collected funds will be returned to the accused upon a finding of innocence or forfeited to the Commonwealth upon a finding of guilty.

H. It shall be unlawful for a licensed seafood buyer or federally permitted seafood buyer to fail to contact the Marine Resources Commission Operation Station prior to a vessel offloading Summer Flounder harvested outside of Virginia. The buyer shall provide to the Marine Resources Commission the name of the vessel, its captain, an estimate of the amount in pounds of Summer Flounder on board that vessel, and the anticipated or approximate offloading time. Once offloading of any vessel is complete and the weight of the landed Summer Flounder has been determined, the buyer shall contact the Marine Resources Commission Operations Station and report the vessel name and corresponding weight of Summer Flounder landed. It shall be unlawful for any person to offload from a boat or vessel for commercial purposes any Summer Flounder during the period of 9 p.m. to 7 a.m.

I. Any boat or vessel that has entered Virginia waters for safe harbor shall only offload Summer Flounder when the state that licenses that vessel requests to transfer quota to Virginia, in the amount that corresponds to that vessel's possession limit, and the commissioner agrees to accept that transfer of quota.

J. After any commercial harvest or landing quota as described in 4VAC20-620-30 has been attained and announced as such, any boat or vessel possessing Summer Flounder on board may enter Virginia waters for safe harbor but shall contact the Marine Resources Commission Operation Center in advance of such entry into Virginia waters.

K. It shall be unlawful for any person harvesting Summer Flounder outside of Virginia waters to possess aboard any vessel, in Virginia, any amount of Summer Flounder, once it has been projected and announced that 100% of the quota described in 4VAC20-620-30 A has been taken.

VA.R. Doc. No. R15-4203; Filed November 6, 2014, 10:45 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees (amending 4VAC20-1090-30).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: January 1, 2015.

Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.

Summary:

The amendments increase license fees for saltwater recreational fishing, combined sportfishing, combined sportfishing trip, and tidal boat sportfishing to ensure continuation of core recreational programs, including recreational law enforcement, the Virginia saltwater tournament, the game fish tagging program, and the artificial reef program.

4VAC20-1090-30. License fees.

The following listing of license fees applies to any person who purchases a license for the purposes of harvesting for commercial purposes, or fishing for recreational purposes, during any calendar year. The fees listed below include a $1.00 agent fee.

1. COMMERCIAL LICENSES

Commercial Fisherman Registration License

$190.00

Commercial Fisherman Registration License for a person 70 years or older

$90.00

Delayed Entry Registration.

$190.00

Delayed Entry Registration License for a person 70 years or older

$90.00

Seafood Landing License for each boat or vessel

$175.00

For each Commercial Fishing Pier over or upon subaqueous beds (mandatory)

$83.00

Seafood Buyer's License -- For each boat or motor vehicle

$63.00

Seafood Buyer's License -- For each place of business

$126.00

Clam Aquaculture Product Owner's Permit

$10.00

Oyster Aquaculture Product Owner's Permit

$10.00

Clam Aquaculture Harvester's Permit

$5.00

Oyster Aquaculture Harvester's Permit

$5.00

Nonresident Harvester's License

$444.00

2. OYSTER RESOURCE USER FEES

Any licensed commercial fisherman harvesting oysters by hand

$50.00

For any harvester using one or more gear types to harvest oysters or for any registered commercial fisherman who solely harvests or possesses any bushel limit described in 4VAC20-720-80, only one oyster resource user fee, per year, shall be paid

$300.00

On any business shucking or packing no more than 1,000 gallons of oysters

$500.00

On any business shucking or packing more than 1,000 but no more than 10,000 gallons of oysters

$1,000.00

On any business shucking or packing more than 10,000 but no more than 25,000 gallons of oysters

$2,000.00

On any business shucking or packing more than 25,000 gallons of oysters

$4,000.00

On any oyster buyer using a single truck or location

$100.00

On any oyster buyer using multiple trucks or locations

$300.00

Commercial aquaculture operation, on riparian assignment or general oyster planting grounds

$50.00

3. OYSTER HARVESTING, SHUCKING, AND BUYERS LICENSES

Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with one boat or motor vehicle used for buying oysters

$50.00

Any person purchasing oysters caught from the public grounds of the Commonwealth or the Potomac River, for a single place of business with multiple boats or motor vehicles used for buying oysters

$100.00

For each person taking oysters by hand, or with ordinary tongs

$10.00

For each single-rigged patent tong boat taking oysters

$35.00

For each double-rigged patent tong boat taking oysters

$70.00

Oyster Dredge Public Ground

$50.00

Oyster Hand Scrape

$50.00

To shuck and pack oysters, for any number of gallons under 1,000

$12.00

To shuck and pack oysters, for 1,000 gallons, up to 10,000

$33.00

To shuck and pack oysters, for 10,000 gallons, up to 25,000

$74.00

To shuck and pack oysters, for 25,000 gallons, up to 50,000

$124.00

To shuck and pack oysters, for 50,000 gallons, up to 100,000

$207.00

To shuck and pack oysters, for 100,000 gallons, up to 200,000

$290.00

To shuck and pack oysters, for 200,000 gallons or over

$456.00

4. BLUE CRAB HARVESTING AND SHEDDING LICENSES, EXCLUSIVE OF CRAB POT LICENSES

For each person taking or catching crabs by dip nets

$13.00

For ordinary trotlines

$13.00

For patent trotlines

$51.00

For each single-rigged crab-scrape boat

$26.00

For each double-rigged crab-scrape boat

$53.00

For up to 210 peeler pots

$36.00

For up to 20 tanks and floats for shedding crabs

$9.00

For more than 20 tanks or floats for shedding crabs

$19.00

For each crab trap or crab pound

$8.00

5. CRAB POT LICENSES

For up to 85 crab pots

$48.00

For over 85 but not more than 127 crab pots

$79.00

For over 127 but not more than 170 crab pots

$79.00

For over 170 but not more than 255 crab pots

$79.00

For over 255 but not more than 425 crab pots

$127.00

6. HORSESHOE CRAB AND LOBSTER LICENSES

For each person harvesting horseshoe crabs by hand

$16.00

For each boat engaged in fishing for, or landing of, lobster using less than 200 pots

$41.00

For each boat engaged in fishing for, or landing of, lobster using 200 pots or more

$166.00

7. CLAM HARVESTING LICENSES

For each person taking or harvesting clams by hand, rake or with ordinary tongs

$24.00

For each single-rigged patent tong boat taking clams

$58.00

For each double-rigged patent tong boat taking clams

$84.00

For each boat using clam dredge (hand)

$19.00

For each boat using clam dredge (power)

$44.00

For each boat using hydraulic dredge to catch soft shell clams

$83.00

For each person taking surf clams

$124.00

8. CONCH (WHELK) HARVESTING LICENSES

For each boat using a conch dredge

$58.00

For each person taking channeled whelk by conch pot

$51.00

9. FINFISH HARVESTING LICENSES

Each pound net

$41.00

Each stake gill net of 1,200 feet in length or under, with a fixed location

$24.00

All other gill nets up to 600 feet

$16.00

All other gill nets over 600 feet and up to 1,200 feet

$24.00

Each person using a cast net or throw net or similar device

$13.00

Each fyke net head, weir, or similar device

$13.00

For fish trotlines

$19.00

Each person using or operating a fish dip net

$9.00

On each haul seine used for catching fish, under 500 yards in length

$48.00

On each haul seine used for catching fish, from 500 yards in length to 1,000 yards in length

$146.00

For each person using commercial hook and line

$31.00

For each person using commercial hook and line for catching striped bass only

$31.00

For up to 100 fish pots or eel pots

$19.00

For over 100 but not more than 300 fish pots or eel pots

$24.00

For over 300 fish pots or eel pots

$62,00

10. MENHADEN HARVESTING LICENSES

Any person purchasing more than one of the following licenses, as described in this subsection, for the same vessel, shall pay a fee equal to that for a single license for the same vessel.

On each boat or vessel under 70 gross tons fishing for the purse seine menhaden reduction sector

$249.00

On each vessel 70 gross tons or over fishing for the purse seine menhaden reduction sector

$996.00

On each boat or vessel under 70 gross tons fishing for the purse seine menhaden bait sector

$249.00

On each vessel 70 gross tons or over fishing for the purse seine menhaden bait sector

$996.00

11. COMMERCIAL GEAR FOR RECREATIONAL USE

Up to five crab pots

$36.00

Crab trotline (300 feet maximum)

$10.00

One crab trap or crab pound

$6.00

One gill net up to 300 feet in length

$9.00

Fish dip net

$7.00

Fish cast net

$10.00

Up to two eel pots

$10.00

12. SALTWATER RECREATIONAL FISHING LICENSE

Individual, resident

$17.50 $22.50

Individual, nonresident

$25.00 $30.00

Temporary 10-Day, resident

$10.00 $15.00

Temporary 10-Day, nonresident

$10.00 $15.00

Recreational boat, resident

$48.00 $53.00

Recreational boat, nonresident, provided a nonresident may not purchase a recreational boat license unless his boat is registered in Virginia

$76.00 $84.00

Head Boat/Charter Boat, resident, six or less passengers

$190.00 $224.00

Head Boat/Charter Boat, nonresident, six or less passengers

$380.00 $421.00

Head Boat/Charter Boat, resident, more than six passengers, plus $5.00 per person, over six persons

$190.00 $224.00

Head Boat/Charter Boat, nonresident, more than six passengers, plus $5.00 per person, over six persons

$380.00 $421.00

Rental Boat, resident, per boat, with maximum fee of $703

$14.00 $19.00

Rental Boat, nonresident, per boat, with maximum fee of $1270

$18.00 $23.00

Commercial Fishing Pier (Optional)

$632.00 $669.00

Disabled Resident Lifetime Saltwater License

$10.00

Disabled Nonresident Lifetime Saltwater License

$10.00

Reissuance of Saltwater Recreational Boat License

$5.00

13. COMBINED SPORTFISHING LICENSE

This license is to fish in all inland waters and tidal waters of the Commonwealth during open season.

Residents

$39.50 $44.50

Nonresidents

$71.00 $76.00

14. COMBINED SPORTFISHING TRIP LICENSE

This license is to fish in all inland waters and tidal waters of the Commonwealth during open season for five consecutive days.

Residents

$24.00 $28.00

Nonresidents

$31.00 $35.00

15. TIDAL BOAT SPORTFISHING LICENSE

Residents

$126.00 $131.00

Nonresidents

$201.00 $206.00

16. LIFETIME SALTWATER RECREATIONAL FISHING LICENSES

Individual Resident Lifetime License

$276.00

Individual Nonresident Lifetime License

$500.00

Individual Resident Lifetime License age 45 - 50

$132.00

Individual Nonresident Lifetime License age 45 - 50

$240.00

Individual Resident Lifetime License age 51 - 55

$99.00

Individual Nonresident Lifetime License 51 - 55

$180.00

Individual Resident Lifetime License age 56 - 60

$66.00

Individual Nonresident Lifetime License age 56 - 60

$120.00

Individual Resident Lifetime License age 61 - 64

$35.00

Individual Nonresident Lifetime License age 61 - 64

$60.00

Individual Resident Lifetime License age 65 and older

$5.00

VA.R. Doc. No. R15-4202; Filed November 6, 2014, 11:47 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY
Fast-Track Regulation

Title of Regulation: 18VAC30-20. Regulations Governing the Practice of Audiology and Speech-Language Pathology (amending 18VAC30-20-80, 18VAC30-20-160, 18VAC30-20-170, 18VAC30-20-171, 18VAC30-20-185).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 31, 2014.

Effective Date: January 15, 2015.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4630, FAX (804) 527-4413, or email leslie.knachel@dhp.virginia.gov.

Basis: 18VAC30-20, Regulations Governing the Practice of Audiology and Speech-Language Pathology, are promulgated under the general authority of § 54.1-2400 of the Code of Virginia. Subdivision 6 of § 54.1-2400 provides the Board of Audiology and Speech-Language Pathology the authority to promulgate regulations to administer the regulatory system.

The specific authority for the board to promulgate regulations for a provisional license in speech-language pathology is found in § 54.1-2604 of the Code of Virginia, which was amended by Chapter 436 of the 2013 Acts of Assembly to require clinical experience for licensure as a speech-language pathologist (SLP) and authorize the board to issue a provisional license to an applicant in speech-language pathology to allow the applicant to obtain clinical experience.

Purpose: If the board continues to grant a full license to SLPs without evidence of clinical competency, the public may be at risk of receiving inadequate or incompetent services. Those services are often provided to young children or elderly stroke victims. The issuance of a provisional license to SLP applicants will allow them to receive clinical supervision for their practice and allow the board to issue full, independent licensure with some assurance of competency to protect the health, safety, and welfare of the public.

Rationale for Using Fast-Track Process: The board expects this regulatory action to be noncontroversial because issuance of and practice with a provisional license is already common for audiologists. The legislation that resulted in Chapter 436 of the 2013 Acts of Assembly was requested by the Speech-Language-Hearing Association of Virginia and is strongly supported by the profession. Additionally, Virginia has been only one of three states not requiring clinical experience for licensure, so these changes will make licensure in the Commonwealth consistent with other states and improve mobility for practitioners.

Substance: The proposed amendments will allow an applicant for reinstatement or licensure by endorsement to meet the requirements for clinical experience by obtaining a provisional license and practicing under supervision for six months. A provisional license will also be available to a person with a graduate degree who is practicing under supervision to complete a clinical fellowship year and qualify for clinical competency certification from the American Speech-Language-Hearing Association (ASHA). Such certification will be required for full licensure in order to ensure minimal clinical competency for licensed speech-language pathologists.

Issues: The primary advantage to the public is assurance of clinical competency for licensed speech-language pathologists. Additionally, a few SLPs, who are currently unable to be licensed by endorsement, may be able to obtain practical experience through a provisional license, which will qualify them for licensure in Virginia. There are no disadvantages to the public.

The credentials review for SLP applicants will be performed by ASHA, so there is an advantage to the Commonwealth in terms of cost-avoidance to the board. There are no disadvantages to the Commonwealth.

The professional association of speech-language pathologists in Virginia is fully supportive of the changes and worked to get authorizing legislation passed in the General Assembly.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 436 of the 2013 Acts of the Assembly, the proposed regulations establish provisional licensing for speech-language pathologists who do not have clinical experience.

Result of Analysis. The benefits likely exceed the costs for all proposed changes. However, there is insufficient data to accurately compare the magnitude of the benefits versus the costs. Detailed analysis of the benefits and costs can be found in the next section.

Estimated Economic Impact. Pursuant to Chapter 436 of the 2013 Acts of the Assembly, the proposed regulations establish provisional licensing for speech-language pathologists who do not have clinical experience. Under the current regulations, clinical experience is not required for full licensure in speech-language pathology. If an applicant has met the educational and examination requirements, he or she may be issued a full license to practice speech-language pathology.

Under the proposed regulations, an applicant who has met the educational and examination requirements, but is lacking clinical experience may be allowed to practice speech-language pathology with a provisional license under the supervision of a licensed practitioner. At the completion of required clinical experience, a provisional license may be upgraded to a full license. According to the Department of Health Professions (DHP), allowing practice of speech-language pathology without supervision could be risky if the practitioner lacks clinical experience. Thus, the proposed provisional licensure is expected to reduce health and safety risks that may be posed by inexperienced speech-language pathologists.

The main costs of the proposed change will be on the applicants. With the proposed changes, applicants who receive a provisional license may be allowed to practice their profession only under the supervision of a fully licensed practitioner. Because of the required supervision, provisional licensees may see a reduction in the pool of potential employers if some employers are unwilling to provide supervision or unwilling to allow their fully licensed staff to provide supervision. There could also be a negative effect on the pay due to the provisional nature of the license. However, DHP is unaware from the 47 other states that require clinical experience for licensure of any evidence indicating that fully licensed persons would not be willing to supervise a provisional licensee. In addition, the Board of Audiology and Speech-Language Pathology will rely on a certification issued by American Speech Language Hearing Association (ASHA) to determine clinical competency. According to DHP, ASHA may charge $286 to $511 to review an applicant's clinical credentials depending on the type of the certificate sought. However, the applicants for provisional license will be required to pay only a $50 application fee instead of $135 for a full license, which represents $85 savings per application.

Another significant benefit will accrue to the speech-language pathologists whose license may have lapsed for more than five years or applicants for licensure by endorsement who have not been actively practicing for three of the past five years. Under the current regulations, these individuals are required to retake the qualifying examination which costs about $115. Under the proposed regulations, they will be allowed to practice with a provisional license without having to retake the exam and may upgrade to a full license after six months. Not having to retake the exam will provide time and travel savings in addition to the savings in exam fee for these individuals.

Businesses and Entities Affected. DHP receives approximately 300 to 350 applications per year for speech language pathology license. One half of the applicants are estimated to lack clinical experience.

Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.

Projected Impact on Employment. Required supervision for provisional licensees may have a negative impact on the demand for speech-language pathologists with a provisional license. Increased costs due to ASHA review of clinical credentials may provide disincentives to get into this profession. Finally, the elimination of the requirement to retake the exam for those with a lapsed license will make it easier for them to get back into the profession. While the net impact of these opposite effects on demand and supply of speech-language pathologists in the Commonwealth is not known, it probably will be small.

Effects on the Use and Value of Private Property. Required supervision for provisional licensees may increase costs for some employers and have a negative effect on their asset values.

Small Businesses: Costs and Other Effects. Some of the entities hiring speech-language pathologists may be small businesses. As discussed above, required supervision may add to their costs.

Small Businesses: Alternative Method that Minimizes Adverse Impact. There is no known alternative that minimizes potential costs on small businesses while accomplishing the same health and safety goals.

Real Estate Development Costs. No impact on real estate development costs is expected.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board of Audiology and Speech-Language Pathology concurs with the analysis of the Department of Planning and Budget.

Summary:

Pursuant to changes to § 54.1-2604 of the Code of Virginia by Chapter 436 of the 2013 Acts of Assembly, the amendments (i) require an applicant for full licensure in speech-language pathology to have clinical experience and (ii) add provisional licensure in speech-language pathology for the purpose of allowing applicants to gain the clinical experience.

18VAC30-20-80. Fees.

A. The following fees shall be paid as applicable for licensure:

1. Application for audiology or speech-language pathology license

$135

2. Application for school speech-language pathology license

$70

3. Verification of licensure requests from other states

$20

4. Annual renewal of audiology or speech-language pathology license

$75

5. Late renewal of audiology or speech-language pathology license

$25

6. Annual renewal of school speech-language pathology license

$40

7. Late renewal of school speech-language pathology license

$15

8. Reinstatement of audiology or speech-language pathology license

$135

9. Reinstatement of school speech-language pathology license

$70

10. Duplicate wall certificates

$25

11. Duplicate license

$5

12. Returned check

$35

13. Inactive license renewal for audiology or speech-language pathology

$40

14. Inactive license renewal for school speech-language pathology

$20

15. Approval of a continuing education sponsor

$200

16. Application for provisional license in audiology

$50

17. Renewal of provisional license in audiology

$25

B. Fees shall be made payable to the Treasurer of Virginia and shall not be refunded once submitted.

C. For the renewal of licenses by December 31, 2013, the fees shall be as follows:

1. Annual renewal of audiology or speech-language pathology license

$55

2. Annual renewal of school speech-language pathology license

$30

3. Inactive license renewal for audiology or speech-language pathology

$30

4. Renewal of provisional license in audiology

$20

18VAC30-20-160. Reinstatement of lapsed license.

A. When a license has not been renewed within one year of the expiration date, a person may apply to reinstate his license by submission of a reinstatement application, payment of the reinstatement fee, and submission of documentation of 15 continuing competency hours for each year the license has been lapsed, not to exceed 60 hours obtained during the time the license in Virginia was lapsed.

B. A licensee who does not reinstate within five years as prescribed by subsection A of this section shall either:

1. Reapply for licensure as prescribed by 18VAC30-20-170 and meet the qualifications for licensure in effect at the time of the new application; or

2. Meet the continuing competency requirements specified in subsection A of this section and provide documentation of a current license in another jurisdiction in the United States and evidence of active practice for at least three of the past five years.

C. An applicant for reinstatement in audiology who does not meet one of the requirements of subsection B of this section may qualify for reinstatement by practice under supervision with a provisional license for six months and a recommendation for reinstatement by his supervisor. The board may issue a provisional license to an applicant who can provide evidence of having met the applicable educational qualifications prescribed in 18VAC30-20-170 and passage of the qualifying examination at the time of initial licensure. Provisional licensure shall be practiced under the supervision of a licensed audiologist and in accordance with subsections D and E of 18VAC30-20-171.

D. If the licensee holds licensure in any other state or jurisdiction, he shall provide evidence that no disciplinary action has been taken or is pending. The board reserves the right to deny a request for reinstatement to any licensee who has been determined to have committed an act in violation of 18VAC30-20-280.

Part III
Requirements for Licensure

18VAC30-20-170. Requirements for licensure.

A. The board may grant a license to an applicant who:

1. Holds a current and unrestricted Certificate of Clinical Competence in the area in which he seeks licensure issued by the American Speech-Language-Hearing Association, certification issued by the American Board of Audiology or any other accrediting body recognized by the board. Verification of currency shall be in the form of a certified letter from a recognized accrediting body issued within six months prior to licensure; and

2. Has passed the qualifying examination from an accrediting body recognized by the board within three years preceding the date of applying for licensure, or has been actively engaged in the respective profession for which he seeks licensure for one of the past three consecutive years preceding the date of application; or

B. The board may grant a license to an applicant for licensure as a speech-language pathologist who:

1. Holds a master's degree or its equivalent as determined by the board or a doctoral degree from a college or university whose speech-language program is accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or an equivalent accrediting body; and

2. Has passed a qualifying examination from an accrediting body recognized by the board within three years preceding the date of applying for licensure in Virginia or has been actively engaged as a speech-language pathologist for one of the past three consecutive years preceding the date of application.

C. The board may grant a license to an applicant as a school speech-language pathologist who holds a master's degree in speech-language-pathology.

D. C. Any individual who holds an active, renewable license issued by the Virginia Board of Education with a valid endorsement in speech-language pathology on June 30, 2014, shall be deemed qualified to obtain a school speech-language pathologist license from the board until July 1, 2016, or the date of expiration of such person's license issued by the Virginia Board of Education, whichever is later.

18VAC30-20-171. Provisional licensure in audiology.

A. The board may grant a provisional license in audiology to an applicant who submits a completed application and fee with documentation that the applicant:

1. Is a graduate of or is currently enrolled in a doctoral program in audiology at a college or university whose audiology program is accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or an equivalent accrediting body;

2. Has successfully completed all the didactic coursework required for the doctoral degree as documented by the audiology program; and

3. Has passed a qualifying examination from an accrediting body recognized by the board within three years preceding the date of applying for provisional licensure in Virginia.

B. The board may grant a provisional license in speech-language pathology to an applicant who submits a completed application and fee with documentation that the applicant:

1. Is a graduate of or is currently enrolled in a graduate program in speech-language pathology at a college or university whose program is accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or an equivalent accrediting body;

2. Has successfully completed all the didactic coursework required for the graduate degree as documented by the speech-language pathology program; and

3. Has passed a qualifying examination from an accrediting body recognized by the board within three years preceding the date of applying for provisional licensure in Virginia.

B. C. A provisional license shall expire 18 months from the date of issuance and may be renewed for an additional six months by submission of a renewal form and payment of a renewal fee. Renewal of a provisional license beyond 24 months shall be for good cause shown as determined by a committee of the board.

C. D. The holder of a provisional license in audiology shall only practice under the supervision of a licensed audiologist and the holder of a provisional license in speech-language pathology shall only practice under the supervision of a licensed speech-language pathologist in order to obtain clinical experience as required for certification by the American Speech-Language-Hearing Association, the American Board of Audiology, or any other accrediting body recognized by the board. The provisional licensee shall be responsible and accountable for the safe performance of those direct patient care tasks to which he has been assigned.

D. E. Licensed audiologists or speech-language pathologists providing supervision shall:

1. Have an active, current license and at least three years of active practice as an audiologist or speech-language pathologist prior to providing supervision;

1. 2. Notify the board electronically or in writing of the intent to provide supervision for a provisional licensee;

2. 3. Document the frequency and nature of the supervision of provisional licensees;

3. 4. Be responsible and accountable for the assignment of patients and tasks based on their assessment and evaluation of the provisional licensee's knowledge and skills; and

4. 5. Monitor clinical performance and intervene if necessary for the safety and protection of the patients.

E. F. The identity of a provisional licensee shall be disclosed to the client prior to treatment and shall be made a part of the client's file.

18VAC30-20-185. Licensure by endorsement.

A. An applicant who has been licensed in another jurisdiction in the United States may apply for licensure in Virginia by submission of a completed application, payment of the application fee, and submission of documentation of 15 continuing competency hours for each year in which he has been licensed in the other jurisdiction, not to exceed 60 hours.

B. An applicant shall either:

1. Meet the qualifications for licensure as prescribed by 18VAC30-20-170; or

2. Provide documentation of a current license in another jurisdiction in the United States and evidence of active practice for at least three of the past five years.

C. An applicant for licensure by endorsement in audiology who does not meet one of the requirements of subsection B of this section may qualify for endorsement by practice under supervision with a provisional license for six months and a recommendation for licensure by his supervisor. The board may issue a provisional license to an applicant who can provide evidence of having met the educational qualifications prescribed in 18VAC30-20-170 and passage of the qualifying examination at the time of initial licensure. Provisional licensure shall be practiced under the supervision of a licensed audiologist and in accordance with subsections D and E of 18VAC30-20-171.

D. An applicant shall provide evidence that no disciplinary action has been taken or is pending against his license in another jurisdiction. The board reserves the right to deny a request for licensure to any applicant who has been determined to have committed an act in violation of 18VAC30-20-280.

VA.R. Doc. No. R15-3820; Filed November 6, 2014, 9:14 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR CONTRACTORS
Proposed Regulation

Title of Regulation: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-20, 18VAC50-22-30).

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Public Hearing Information:

January 21, 2015 - 10 a.m. - Department of Professional and Occupational Regulation, Perimeter Center, Training Room 2, 9960 Mayland Drive, Richmond, VA 23233

Public Comment Deadline: January 30, 2015.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

Basis: Section 54.1-1102 of the Code of Virginia provides the authority for the board to promulgate regulations for the licensure of contractors in the Commonwealth. The content of the regulations is pursuant to the board's discretion, but shall not be in conflict with the purposes of the statutory authority.

Purpose: The board seeks to amend the current regulations to include commercial building contractors and residential building contractors. The proposed amendments are required to comply with the provisions of Chapter 116 of the 2013 Acts of Assembly.

Substance: 18VAC50-22-20 defines the scope of practice allowed for each classification. The proposed amendments add the classification of commercial building contractors and outline the scope of practice this classification is permitted to perform. The proposed amendments also amend the current definition of building contractor, changing it to residential building contractor, and change the definition so that it only references residential work.

18VAC50-22-30 defines the scope of practice allowed for each specialty. The proposed amendments change the definition of any specialty that requires a reference to the new commercial building contractor classification.

Issues: In amending these regulations, the Board for Contractors is complying with the provisions of Chapter 116 of the 2013 Acts of Assembly, which establish the requirement for "commercial building contractors" and "residential building contractors." The General Assembly determined a need for this level of regulation to protect the public. One advantage of these amendments is to ensure that work done on both residential property and commercial property is performed by companies that have demonstrated enough experience to reasonably assume competency in the specific area in which they are licensed. Another advantage of these amendments is to commercial building contractors. The new legislation excludes a contractor holding the commercial building contractor classification from paying into the Virginia Contractor Transaction Recovery Fund.

One possible disadvantage of these amendments is that a contractor who performs both residential and commercial building will need to apply for a contractor license with both classifications. The qualified individual will need to complete an exam for each classification. Another potential disadvantage is a decrease in the balance of the Transaction Recovery Fund. This decrease is expected to be minimal.

The primary advantage to the agency is that the revisions to the regulations will make it easier for investigations concerning the Transaction Recovery Fund. There are no disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 116 of the 2013 Acts of the Assembly, the Board for Contractors (Board) proposes to split contractor classification into two categories and specify which specialties fall under each classification.

Result of Analysis. Benefits likely outweigh costs for these proposed changes.

Estimated Economic Impact. Currently, contractors are licensed by the Board as Class A, B or C contractors depending on the value of the jobs they are contracted to complete. In 2013, the General Assembly passed legislation that split the contractor classification in two so that Class A, B or C licenses will classify contractors as commercial building contractors or residential building contractors (or both). The Board now proposes to amend these regulations to conform to Chapter 116 and to specify which specialties fall under each classification so that Board staff, as well as regulated entities, have an understanding of which larger classification is necessary to do certain types of work. Specifically, 1) billboard contracting, 2) commercial improvement contracting, 3) farm improvement contracting, 4) marine facility contracting and 5) recreational facility contracting will fall under the commercial building contractor classification; home improvement contracting will fall under the residential building contractor classification. Additionally, 1) Concrete contracting, 2) industrial building contracting, 3) landscape services contracting, 4) masonry contracting, 5) painting and wallcovering contracting, 6) roofing contracting and 7) swimming pool contracting may fall under either classification depending on the type of property the contractor is working on.

Board staff reports that all currently licensed contractors will be issued appropriate licenses with both classifications and that individuals applying for contractor licensure in the future may receive one or both classifications (with as many specialty designations as they are qualified for) at the time of initial licensure for the same fee paid now for a general building contractors license. Contractors will continue to pay additional fees for specialties added to their licenses after initial licensure.

Licensed contractors are unlikely to incur extra costs on account of these proposed regulations. Regulated entities and other interested parties are likely to gain a small benefit from eliminating possible confusion by having these regulations conform to relevant legislation.

Businesses and Entities Affected. Board staff reports that, as of September 30, 2013, the Board licenses 92,200 contractors. All of these entities, as well as any others that might want to be licensed as contractors in the future, will be affected by these proposed regulations.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action is unlikely to impact employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action is unlikely to affect the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Affected small businesses are unlikely to incur any additional costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Affected small businesses are unlikely to incur any additional costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board for Contractors concurs with the analysis of the Department of Planning and Budget.

Summary:

Pursuant to Chapter 116 of the 2013 Acts of Assembly, the proposed amendments (i) add the classification of commercial building contractor and outline the scope of practice this classification is permitted to perform, (ii) change the current definition of building contractor to residential building contractor and amend the definition so that it only references residential work, and (iii) change the definition of any specialty that requires a reference to the new commercial building contractor classification.

18VAC50-22-20. Definitions of license classifications.

The following words and terms when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings:

"Building contractors" (Abbr: BLD) means those individuals whose contracts include construction on real property owned, controlled or leased by another person of commercial, industrial, institutional, governmental, residential (single-family, two-family or multifamily) and accessory use buildings or structures. This classification also provides for remodeling, repair, improvement or demolition of these buildings and structures.

If the BLD contractor performs specialty services other than those listed below, all required specialty designations shall be obtained. The BLD contractor may act as a prime contractor and contract with subcontractors to perform work not permitted by the BLD license. The building classification includes but is not limited to the functions carried out by the following specialties:

Billboard/sign contracting

Commercial improvement contracting

Concrete contracting

Farm improvement contracting

Home improvement contracting

Industrialized building contracting

Landscape service contracting

Marine facility contracting

Masonry contracting

Recreational facility contracting

Roofing contracting

"Commercial building contractors" (Abbr: CBC) means those individuals whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, and accessory use buildings or structures. The CBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, removal, repair, improvement, or demolition of dwellings and townhouses.

If the CBC performs specialty services other than those listed in this definition, all required specialty designations shall be obtained. The CBC may act as a prime contractor and contract with subcontractors to perform work not permitted by the CBC license. The commercial building classification includes but is not limited to the functions carried out by the following specialties for contracts of commercial, institutional, governmental, and accessory use buildings or structures, including multi-family housing:

Billboard/sign contracting

Commercial improvement contracting

Concrete contracting

Farm improvement contracting

Industrialized building contracting

Landscape service contracting

Marine facility contracting

Masonry contracting

Painting and wallcovering contracting

Recreational facility contracting

Roofing contracting

Swimming pool contracting

"Electrical contractors" (Abbr: ELE) means those individuals whose contracts include the construction, repair, maintenance, alteration, or removal of electrical systems. This classification provides for all work covered by the electrical provisions of the USBC including electronic/communication service contracting (ESC) and fire alarm systems contracting (FAS) specialties. A firm holding an ELE license is responsible for meeting all applicable individual license and certification regulations.

"Highway/heavy contractors" (Abbr: H/H) means those individuals whose contracts include construction, repair, improvement, or demolition of the following:

Bridges

Dams

Drainage systems

Foundations

Parking lots

Public transit systems

Rail roads

Roads

Runways

Streets

Structural signs & and lights

Tanks

The functions carried out by these contractors include but are not limited to the following:

Building demolition

Clearing

Concrete work

Excavating

Grading

Nonwater well drilling

Paving

Pile driving

Road marking

Steel erection

These contractors also install, maintain, or dismantle the following:

1. Power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter;

2. Pumping stations and treatment plants;

3. Telephone, telegraph, or signal systems for public utilities; and

4. Water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances.

This classification may also install backflow prevention devices incidental to work in this classification when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"HVAC contractors" (Abbr: HVA) means those individuals whose work includes the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heaters, heating systems, boilers, process piping, and mechanical refrigeration systems, including tanks incidental to the system. This classification does not provide for fire suppression installations, sprinkler system installations, or gas piping. A firm holding a HVAC license is responsible for meeting all applicable individual license and certification regulations. This classification may install backflow prevention devices incidental to work in this classification.

"Plumbing contractors" (Abbr: PLB) means those individuals whose contracts include the installation, maintenance, extension, or alteration, or removal of all piping, fixtures, appliances, and appurtenances in connection with any of the following:

Backflow prevention devices

Boilers

Hot water baseboard heating systems

Hot water heaters

Hydronic systems

Limited area sprinklers (as defined by the USBC)

Process piping

Public/private water supply systems within or adjacent to any building, structure, or conveyance

Sanitary or storm drainage facilities

Steam heating systems

Storage tanks incidental to the installation of related systems

Venting systems related to plumbing

These contractors also install, maintain, extend, or alter the following:

Liquid waste systems

Sewerage systems

Storm water systems

Water supply systems

This classification does not provide for (i) gas piping or (ii) the function of fire sprinkler contracting as noted above except for limited area sprinklers as defined by the USBC. A firm holding a PLB license is responsible for meeting all applicable individual license and certification regulations. The classification may install sprinkler systems permitted to be designed in accordance with the plumbing provisions of the USBC when the installer has received formal vocational training approved by the board that included instruction of installation of sprinkler systems.

"Residential building contractors" (Abbr: RBC) means those individuals whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of dwellings and townhouses, including accessory buildings or structures on such property. The RBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, removal, repair, or improvement to commercial, industrial, institutional, or governmental use structures outside of dwellings and townhouses, except for the repair or improvement to dwelling units within commercial buildings.

The residential building classification includes but is not limited to the functions carried out by the following specialties for contracts of dwellings and townhouses and related accessory use buildings or structures:

Concrete contracting

Home improvement contracting

Industrialized building contracting

Landscape service contracting

Masonry contracting

Painting and wallcovering contracting

Roofing contracting

Swimming pool contracting

"Specialty \contractors" means those individuals whose contracts are for specialty services which that do not generally fall within the scope of any other classification within this chapter.

18VAC50-22-30. Definitions of specialty services.

The following words and terms when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings:

"Accessibility services contracting" (Abbr: ASC) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work. This specialty does not include work on limited use-limited application (LULA) elevators.

"Accessibility services contracting – LULA" (Abbr: ASL) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, private residence elevators, and limited use-limited application (LULA) elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work.

"Alternative energy system contracting" (Abbr: AES) means the service that provides for the installation, repair or improvement, from the customer's meter, of alternative energy generation systems, supplemental energy systems and associated equipment annexed to real property. This service does not include the installation of emergency generators powered by fossil fuels. No other classification or specialty service provides this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.

"Asbestos contracting" (Abbr: ASB) means the service that provides for the installation, removal, or encapsulation of asbestos containing materials annexed to real property. No other classification or specialty service provides for this function.

"Asphalt paving and sealcoating contracting" (Abbr: PAV) means the service that provides for the installation of asphalt paving or sealcoating, or both, on subdivision streets and adjacent intersections, driveways, parking lots, tennis courts, running tracks, and play areas, using materials and accessories common to the industry. This includes height adjustment of existing sewer manholes, storm drains, water valves, sewer cleanouts and drain grates, and all necessary excavation and grading. The H/H classification also provides for this function.

"Billboard/sign contracting" (Abbr: BSC) means the service that provides for the installation, repair, improvement, or dismantling of any billboard or structural sign permanently annexed to real property. H/H and BLD CBC are the only other classifications that can perform this work except that a contractor in this specialty may connect or disconnect signs to existing electrical circuits. No trade related plumbing, electrical, or HVAC work is included in this function.

"Blast/explosive contracting" (Abbr: BEC) means the service that provides for the use of explosive charges for the repair, improvement, alteration, or demolition of any real property or any structure annexed to real property.

"Commercial improvement contracting" (Abbr: CIC) means the service that provides for repair or improvement to nonresidential property and multifamily property, as defined structures not defined as dwellings and townhouses in the in the Virginia Uniform Statewide Building Code (13VAC5-63). The BLD CBC classification also provides for this function. The CIC classification does not provide for the construction of new buildings, accessory buildings, electrical, plumbing, HVAC, or gas work.

"Concrete contracting" (Abbr: CEM) means the service that provides for all work in connection with the processing, proportioning, batching, mixing, conveying, and placing of concrete composed of materials common to the concrete industry. This includes but is not limited to finishing, coloring, curing, repairing, testing, sawing, grinding, grouting, placing of film barriers, sealing, and waterproofing. Construction and assembling of forms, molds, slipforms, pans, centering, and the use of rebar is also included. The BLD CBC, RBC, and H/H classifications also provide for this function.

"Electronic/communication service contracting" (Abbr: ESC) means the service that provides for the installation, repair, improvement, or removal of electronic or communications systems annexed to real property including telephone wiring, computer cabling, sound systems, data links, data and network installation, television and cable TV wiring, antenna wiring, and fiber optics installation, all of which operate at 50 volts or less. A firm holding an ESC license is responsible for meeting all applicable tradesman licensure standards. The ELE classification also provides for this function.

"Elevator/escalator contracting" (Abbr: EEC) means the service that provides for the installation, repair, improvement, or removal of elevators or escalators permanently annexed to real property. A firm holding an EEC license is responsible for meeting all applicable individual license and certification regulations. No other classification or specialty service provides for this function.

"Environmental monitoring well contracting" (Abbr: EMW) means the service that provides for the construction of a well to monitor hazardous substances in the ground.

"Environmental specialties contracting" (Abbr: ENV) means the service that provides for installation, repair, removal, or improvement of pollution control and remediation devices. No other specialty provides for this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.

"Equipment/machinery contracting" (Abbr: EMC) means the service that provides for the installation or removal of equipment or machinery including but not limited to conveyors or heavy machinery. Boilers exempted by the Virginia Uniform Statewide Building Code (13VAC5-63) but regulated by the Department of Labor and Industry are also included in this specialty. This specialty does not provide for any electrical, plumbing, process piping, or HVAC functions.

"Farm improvement contracting" (Abbr: FIC) means the service that provides for the installation, repair, or improvement of a nonresidential farm building or structure, or nonresidential farm accessory-use structure, or additions thereto. The BLD CBC classification also provides for this function. The FIC specialty does not provide for any electrical, plumbing, HVAC, or gas fitting functions.

"Fire alarm systems contracting" (Abbr: FAS) means the service that provides for the installation, repair, or improvement of fire alarm systems which that operate at 50 volts or less. The ELE classification also provides for this function. A firm with an FAS license is responsible for meeting all applicable tradesman licensure standards.

"Fire sprinkler contracting" (Abbr: SPR) means the service that provides for the installation, repair, alteration, addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. This specialty does not provide for the installation, repair, or maintenance of other types of fire suppression systems. The PLB classification allows for the installation of systems permitted to be designed in accordance with the plumbing provisions of the USBC. This specialty may engage in the installation of backflow prevention devices in the fire sprinkler supply main and incidental to the sprinkler system installation when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Fire suppression contracting" (Abbr: FSP) means the service that provides for the installation, repair, improvement, or removal of fire suppression systems including but not limited to halon and other gas systems;, dry chemical systems;, and carbon dioxide systems annexed to real property. No other classification provides for this function. The FSP specialty does not provide for the installation, repair, or maintenance of water sprinkler systems.

"Gas fitting contracting" (Abbr: GFC) means the service that provides for the installation, repair, improvement, or removal of gas piping and appliances annexed to real property. A firm holding a GFC license is responsible for meeting all applicable individual (tradesman) licensure regulations.

"Home improvement contracting" (Abbr: HIC) means the service that provides for repairs or improvements to one-family and two-family residential buildings dwellings and townhouses as defined in the Virginia Uniform Statewide Building Code (13VAC5-63) or structures annexed to real property those dwellings or townhouses and improvements to dwelling units within commercial buildings. The BLD RBC classification also provides for this function. The HIC specialty does not provide for electrical, plumbing, HVAC, or gas fitting functions. It does not include high rise buildings, buildings with more than two dwelling units, or new construction functions beyond the existing building structure other than decks, patios, driveways, and utility out buildings of 200 square feet or less.

"Industrialized building contracting" (Abbr: IBC) means the service that provides for the installation or removal of an industrialized building as defined in the Virginia Industrialized Building Safety Regulations (13VAC5-91). This classification covers foundation work in accordance with the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) and allows the licensee to complete internal tie-ins of plumbing, gas, electrical, and HVAC systems. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter, or installing the outside compressor for the HVAC system. The BLD classification CBC and RBC classifications also provides provide for this function.

"Landscape irrigation contracting" (Abbr: ISC) means the service that provides for the installation, repair, improvement, or removal of irrigation sprinkler systems or outdoor sprinkler systems. The PLB and H/H classifications also provide for this function. This specialty may install backflow prevention devices incidental to work in this specialty when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Landscape service contracting" (Abbr: LSC) means the service that provides for the alteration or improvement of a land area not related to any other classification or service activity by means of excavation, clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping timbers. This specialty may remove stumps and roots below grade. The BLD CBC, RBC, and H/H classifications also provide for this function.

"Lead abatement contracting" (Abbr: LAC) means the service that provides for the removal or encapsulation of lead-containing materials annexed to real property. No other classification or specialty service provides for this function, except that the PLB and HVA classifications may provide this service incidental to work in those classifications.

"Liquefied petroleum gas contracting" (Abbr: LPG) means the service that includes the installation, maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances used in transporting, storing, or utilizing liquefied petroleum gas. This excludes hot water heaters, boilers, and central heating systems that require an HVA or PLB license. The GFC specialty also provides for this function. A firm holding an LPG license is responsible for meeting all applicable individual license and certification regulations.

"Manufactured home contracting" (Abbr: MHC) means the service that provides for the installation or removal of a manufactured home as defined in the Virginia Manufactured Home Safety Regulations (13VAC5-95). This classification does not cover foundation work; however, it does allow installation of piers covered under HUD regulations. It does allow a licensee to do internal tie-ins of plumbing, gas, electrical, or HVAC equipment. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter, or installing the outside compressor for the HVAC system. No other specialty provides for this function.

"Marine facility contracting" (Abbr: MCC) means the service that provides for the construction, repair, improvement, or removal of any structure the purpose of which is to provide access to, impede, or alter a body of surface water. The BLD CBC and H/H classifications also provide for this function. The MCC specialty does not provide for the construction of accessory structures or electrical, HVAC, or plumbing functions.

"Masonry contracting" (Abbr: BRK) means the service that includes the installation of brick, concrete block, stone, marble, slate, or other units and products common to the masonry industry, including mortarless type masonry products. This includes installation of grout, caulking, tuck pointing, sand blasting, mortar washing, parging, and cleaning and welding of reinforcement steel related to masonry construction. The BLD classification CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Natural gas fitting provider contracting" (Abbr: NGF) means the service that provides for the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property. This does not include new installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment which that requires an HVA or PLB license. The GFC specialty also provides for this function. A firm holding an NGF license is responsible for meeting all applicable individual license and certification regulations.

"Painting and wallcovering contracting" (Abbr: PTC) means the service that provides for the application of materials common to the painting and decorating industry for protective or decorative purposes, the installation of surface coverings such as vinyls, wall papers, and cloth fabrics. This includes surface preparation, caulking, sanding, and cleaning preparatory to painting or coverings and includes both interior and exterior surfaces. The BLD classification CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Radon mitigation contracting" (Abbr: RMC) means the service that provides for additions, repairs or improvements to buildings or structures, for the purpose of mitigating or preventing the effects of radon gas. This function can only be performed by a firm holding the BLD classification or CIC (for other than one-family and two-family dwellings), FIC (for nonresidential farm buildings) or HIC (for one-family and two-family dwellings) specialty services CBC and RBC classifications or the CIC, FIC, or HIC specialties. No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty.

"Recreational facility contracting" (Abbr: RFC) means the service that provides for the construction, repair, or improvement of any recreational facility, excluding paving and the construction of buildings, plumbing, electrical, and HVAC functions. The BLD CBC classification also provides for this function.

"Refrigeration contracting" (Abbr: REF) means the service that provides for installation, repair, or removal of any refrigeration equipment (excluding HVAC equipment). No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty. This specialty is intended for those contractors who repair or install coolers, refrigerated casework, ice-making machines, drinking fountains, cold room equipment, and similar hermetic refrigeration equipment. The HVAC classification also provides for this function.

"Roofing contracting" (Abbr: ROC) means the service that provides for the installation, repair, removal, or improvement of materials common to the industry that form a watertight, weather resistant surface for roofs and decks. This includes roofing system components when installed in conjunction with a roofing project, application of dampproofing or waterproofing, and installation of roof insulation panels and other roof insulation systems above roof deck. The BLD classification CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Sewage disposal systems contracting" (Abbr: SDS) means the service that provides for the installation, repair, improvement, or removal of septic tanks, septic systems, and other on-site onsite sewage disposal systems annexed to real property.

"Swimming pool construction contracting" (Abbr: POL) means the service that provides for the construction, repair, improvement, or removal of in-ground swimming pools. The BLD classification CBC and RBC classifications and the RFC specialty also provide for this function. No trade related plumbing, electrical, backflow, or HVAC work is included in this specialty.

"Vessel construction contracting" (Abbr: VCC) means the service that provides for the construction, repair, improvement, or removal of nonresidential vessels, tanks, or piping that hold or convey fluids other than sanitary, storm, waste, or potable water supplies. The H/H classification also provides for this function.

"Water well/pump contracting" (Abbr: WWP) means the service that provides for the installation of a water well system, including geothermal wells, which includes construction of a water well to reach groundwater, as defined in § 62.1-255 of the Code of Virginia, and the installation of the well pump and tank, including pipe and wire, up to and including the point of connection to the plumbing and electrical systems. No other classification or specialty service provides for construction of water wells. This regulation shall not exclude PLB, ELE, or HVAC from installation of pumps and tanks.

Note: Specialty contractors engaging in construction that involves the following activities or items or similar activities or items may fall under the CIC, HIC, and/or FIC specialty services, or they may fall under the BLD classification CBC and/or RBC classifications.

Appliances

Fireplaces

Rubber linings

Awnings

Fireproofing

Sandblasting

Blinds

Fixtures

Scaffolding

Bulkheads

Floor coverings

Screens

Cabinetry

Flooring

Sheet metal

Carpentry

Floors

Shutters

Carpeting

Glass

Siding

Casework

Glazing

Skylights

Ceilings

Grouting

Storage bins and lockers

Chimneys

Grubbing

Stucco

Chutes

Guttering

Temperature controls

Conduit rodding

Insulation

Terrazzo

Curtains

Interior decorating

Tile

Curtain walls

Lubrication

Vaults

Decks

Metal work

Vinyl flooring

Doors

Millwrighting

Wall panels

Drapes

Mirrors

Wall tile

Drywall

Miscellaneous iron

Waterproofing

Epoxy

Ornamental iron

Weatherstripping

Exterior decoration

Partitions

Welding

Facings

Protective coatings

Windows

Fences

Railings

Wood floors

Fiberglass

Rigging

VA.R. Doc. No. R13-3648; Filed November 6, 2014, 2:20 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Final Regulation

Title of Regulation: 18VAC85-140. Regulations Governing the Practice of Polysomnographic Technologists (adding 18VAC85-140-10 through 18VAC85-140-190).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.15 of the Code of Virginia.

Effective Date: December 31, 2014.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4558, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

Summary:

As required by Chapter 838 of the 2010 Acts of Assembly, this action establishes the regulations governing the licensure and practice of individuals who, under the direction of a licensed physician, monitor, test, and treat those suffering from sleep disorders. The regulations include requirements for minimal competency for practice, continued competency for renewal of licensure, supervisory responsibilities, and standards of conduct for safe practice of polysomnographic technologists.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

CHAPTER 140
REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGISTS

Part I
General Provisions

18VAC85-140-10. Definitions.

A. The following word and term when used in this chapter shall have the meaning ascribed to it in § 54.1-2900 of the Code of Virginia:

"Board"

B. The following words and terms when used in this chapter shall have the meanings ascribed to them in § 54.1-2957.15 of the Code of Virginia:

"Polysomnographic technology"

"Practice of polysomnographic technology"

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

"Active practice" means a minimum of 160 hours of professional practice as a polysomnographic technologist within the 24-month period immediately preceding application for reinstatement or reactivation of licensure. The active practice of polysomnographic technology may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

"Advisory board" means the Advisory Board on Polysomnographic Technology to the Board of Medicine as specified in § 54.1-2957.14 of the Code of Virginia.

18VAC85-140-20. Public participation.

A separate board regulation, 18VAC85-11, provides for involvement of the public in the development of all regulations of the Virginia Board of Medicine.

18VAC85-140-30. Current name and address.

Each licensee shall furnish the board his current name and address of record. All notices required by law or by this chapter to be given by the board to any such licensee shall be validly given when mailed to the latest address of record provided or served to the licensee. Any change of name or change in the address of record or public address, if different from the address of record, shall be furnished to the board within 30 days of such change.

18VAC85-140-40. Fees.

The following fees are required:

1. The application fee, payable at the time the application is filed, shall be $130.

2. The biennial fee for renewal of active licensure shall be $135 and for renewal of inactive licensure shall be $70, payable in each odd-numbered year in the license holder's birth month.

3. The additional fee for late renewal of licensure within one renewal cycle shall be $50.

4. The fee for reinstatement of a license that has lapsed for a period of two years or more shall be $180 and must be submitted with an application for licensure reinstatement.

5. The fee for reinstatement of a license pursuant to § 54.1-2408.2 of the Code of Virginia shall be $2,000.

6. The fee for a duplicate license shall be $5.00, and the fee for a duplicate wall certificate shall be $15.

7. The fee for a returned check shall be $35.

8. The fee for a letter of good standing or verification to another jurisdiction shall be $10.

Part II
Requirements for Licensure as a Polysomnographic Technologist

18VAC85-140-50. Application requirements.

An applicant for licensure shall submit the following on forms provided by the board:

1. A completed application and a fee as prescribed in 18VAC85-140-40.

2. Verification of a professional credential in polysomnographic technology as required in 18VAC85-140-60.

3. Verification of practice as required on the application form.

4. If licensed or certified in any other jurisdiction, documentation of any disciplinary action taken or pending in that jurisdiction.

18VAC85-140-60. Licensure requirements.

A. An applicant for a license to practice as a polysomnographic technologist shall provide documentation of one of the following:

1. Current certification as a Registered Polysomnographic Technologist (RPSGT) by the Board of Registered Polysomnographic Technologists;

2. Documentation of the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS); or

3. A professional certification or credential approved by the board from an organization or entity that is a member of the National Organization for Competency Assurance.

B. An applicant for licensure shall provide documentation of current certification in Basic Cardiac Life Support with a hands-on practice training evaluation segment.

Part III
Renewal and Reinstatement

18VAC85-140-70. Renewal of license.

A. Every licensed polysomnographic technologist who intends to maintain an active license shall biennially renew his license each odd-numbered year during his birth month and shall:

1. Submit the prescribed renewal fee;

2. Attest to having current certification in Basic Cardiac Life Support (BCLS) with hands-on practice training evaluation segment; and

3. Attest to having met the continuing education requirements of 18VAC85-140-100.

B. The license of a polysomnographic technologist is lapsed if the license has not been renewed by the first day of the month following the month in which renewal is required. Practice with a lapsed license may be grounds for disciplinary action. A license that is lapsed for two years or less may be renewed by payment of the renewal fee and a late fee as prescribed in 18VAC85-140-40 and attestation of compliance with continuing education requirements and current BCLS certification.

18VAC85-140-80. Inactive license.

A licensed polysomnographic technologist who holds a current, unrestricted license in Virginia shall, upon a request at the time of renewal and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be entitled to perform any act requiring a license to practice polysomnographic technology in Virginia.

18VAC85-140-90. Reactivation or reinstatement.

A. To reactivate an inactive license or to reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall submit an attestation of current certification in Basic Cardiac Life Support (BCLS) with hands-on practice training evaluation segment and evidence of competency to return to active practice to include one of the following:

1. Information on continued active practice in another jurisdiction during the period in which the license has been inactive or lapsed;

2. Attestation of at least 10 hours of continuing education for each year in which the license has been inactive or lapsed, not to exceed three years; or

3. Recertification by passage of an examination for the Registered Polysomnographic Technologist (RPSGT), the Sleep Disorders Specialist credential from the National Board of Respiratory Care (NBRC-SDS), or other credential approved by the board for initial licensure.

B. To reactivate an inactive license, a polysomnographic technologist shall pay a fee equal to the difference between the current renewal fee for inactive licensure and the renewal fee for active licensure.

C. To reinstate a license that has been lapsed for more than two years, a polysomnographic technologist shall file an application for reinstatement and pay the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40. The board may specify additional requirements for reinstatement of a license so lapsed to include education, experience, or reexamination.

D. A polysomnographic technologist whose licensure has been revoked by the board and who wishes to be reinstated shall make a new application to the board, fulfill additional requirements as specified in the order from the board, and make payment of the fee for reinstatement of his licensure as prescribed in 18VAC85-140-40 pursuant to § 54.1-2408.2 of the Code of Virginia.

E. The board reserves the right to deny a request for reactivation or reinstatement to any licensee who has been determined to have committed an act in violation of § 54.1-2915 of the Code of Virginia or any provisions of this chapter.

18VAC85-140-100. Continuing education requirements.

A. In order to renew an active license as a polysomnographic technologist, a licensee shall attest to having successfully completed 20 hours of continuing education in courses directly related to the practice of polysomnographic technology as approved and documented by a provider recognized by one of the following:

1. The Board of Registered Polysomnographic Technologists Education Advisory Board (BRPT-EAC);

2. The American Academy of Sleep Medicine (AASM);

3. The American Medical Association for Category 1 continuing medical education credit;

4. The American Association of Sleep Technologists (AAST);

5. The American Society of Electroneurodiagnostic Technologists, Inc. (ASET);

6. The American Association for Respiratory Care (AARC);

7. The American Nurses Association (ANA); or

8. The American College of Chest Physicians (ACCP).

B. A practitioner shall be exempt from the continuing education requirements for the first biennial renewal following the date of initial licensure in Virginia.

C. The practitioner shall retain the completed form with all supporting documentation in his records for a period of four years following the renewal of an active license.

D. The board shall periodically conduct a random audit of its active licensees to determine compliance. The practitioners selected for the audit shall provide all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date.

G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.

Part IV
Scope of Practice

18VAC85-140-110. General responsibility.

A polysomnographic technologist shall engage in the practice of polysomnographic technology, as defined in § 54.1-2957.15 of the Code of Virginia, upon receipt of written or verbal orders from a qualified practitioner and under qualified medical direction. The practice of polysomnographic technology may include supervisory, administrative, educational, or consultative activities or responsibilities for the delivery of such services.

18VAC85-140-120. Supervisory responsibilities.

A. A polysomnographic technologist shall be responsible for supervision of unlicensed polysomnographic personnel who work under his direction and shall be ultimately responsible and accountable for patient care and outcomes under his clinical supervision.

B. Delegation to unlicensed polysomnographic personnel shall:

1. Not include delegation of the discretionary aspects of the initial assessment, evaluation, or development of a treatment plan for a patient nor shall it include any task requiring a clinical decision or the knowledge, skills, and judgment of a licensed polysomnographic technologist.

2. Only be made if, in the judgment of the polysomnographic technologist, the task or procedures do not require the exercise of professional judgment, can be properly and safely performed by appropriately trained unlicensed personnel, and the delegation does not jeopardize the health or safety of the patient.

3. Be communicated on a patient-specific basis with clear, specific instructions for performance of activities, potential complications, and expected results.

C. The frequency, methods, and content of supervision are dependent on the complexity of patient needs, number and diversity of patients, demonstrated competency and experience of the unlicensed personnel, and the type and requirements of the practice setting.

D. The polysomnographic technologist providing clinical supervision shall routinely meet with any unlicensed personnel to review and evaluate patient care and treatment.

E. The polysomnographic technologist shall review notes on patient care entered by unlicensed personnel prior to reporting study results to the supervising physician and shall, by some method, document in a patient record that such a review has occurred.

Part V
Standards of Professional Conduct

18VAC85-140-130. Confidentiality.

A practitioner shall not willfully or negligently breach the confidentiality between a practitioner and a patient. A breach of confidentiality that is required or permitted by applicable law or beyond the control of the practitioner shall not be considered negligent or willful.

18VAC85-140-140. Patient records.

A. A practitioner shall comply with the provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of patient records.

B. A practitioner shall provide patient records to another practitioner or to the patient or his personal representative in a timely manner in accordance with provisions of § 32.1-127.1:03 of the Code of Virginia.

C. A practitioner shall properly manage and keep timely, accurate, legible, and complete patient records.

D. A practitioner who is employed by a health care institution or other entity in which the individual practitioner does not own or maintain his own records shall maintain patient records in accordance with the policies and procedures of the employing entity.

E. A practitioner who is self-employed or employed by an entity in which the individual practitioner owns and is responsible for patient records shall:

1. Maintain a patient record for a minimum of six years following the last patient encounter with the following exceptions:

a. Records of a minor child, including immunizations, shall be maintained until the child reaches the age of 18 years or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child;

b. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative; or

c. Records that are required by contractual obligation or federal law may need to be maintained for a longer period of time.

2. Post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality, such as by incineration or shredding.

3. When closing, selling, or relocating his practice, meet the requirements of § 54.1-2405 of the Code of Virginia for giving notice that copies of records can be sent to any like-regulated provider of the patient's choice or provided to the patient.

18VAC85-140-150. Practitioner-patient communication; termination of relationship.

A. Communication with patients.

1. Except as provided in § 32.1-127.1:03 F of the Code of Virginia, a practitioner shall accurately present information to a patient or his legally authorized representative in understandable terms and encourage participation in decisions regarding the patient's care.

2. A practitioner shall not deliberately make a false or misleading statement regarding the practitioner's skill or the efficacy or value of a medication, treatment, or procedure provided or directed by the practitioner in the treatment of any disease or condition.

3. Before an invasive procedure is performed, informed consent shall be obtained from the patient in accordance with the policies of the health care entity. Practitioners shall inform patients of the risks, benefits, and alternatives of the recommended procedure that a reasonably prudent practitioner practicing polysomnographic technology in Virginia would tell a patient.

a. In the instance of a minor or a patient who is incapable of making an informed decision on his own behalf or is incapable of communicating such a decision due to a physical or mental disorder, the legally authorized person available to give consent shall be informed and the consent documented.

b. An exception to the requirement for consent prior to performance of an invasive procedure may be made in an emergency situation when a delay in obtaining consent would likely result in imminent harm to the patient.

c. For the purposes of this provision, "invasive procedure" means any diagnostic or therapeutic procedure performed on a patient that is not part of routine, general care and for which the usual practice within the health care entity is to document specific informed consent from the patient or surrogate decision maker prior to proceeding.

4. Practitioners shall adhere to requirements of § 32.1-162.18 of the Code of Virginia for obtaining informed consent from patients prior to involving them as subjects in human research with the exception of retrospective chart reviews.

B. Termination of the practitioner-patient relationship.

1. The practitioner or the patient may terminate the relationship. In either case, the practitioner shall make the patient record available, except in situations where denial of access is allowed by law.

2. A practitioner shall not terminate the relationship or make his services unavailable without documented notice to the patient that allows for a reasonable time to obtain the services of another practitioner.

18VAC85-140-160. Practitioner responsibility.

A. A practitioner shall not:

1. Perform procedures or techniques that are outside the scope of his practice or for which he is not trained and individually competent;

2. Knowingly allow subordinates to jeopardize patient safety or provide patient care outside of the subordinate's scope of practice or area of responsibility. Practitioners shall delegate patient care only to subordinates who are properly trained and supervised;

3. Engage in an egregious pattern of disruptive behavior or interaction in a health care setting that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient; or

4. Exploit the practitioner-patient relationship for personal gain.

B. Advocating for patient safety or improvement in patient care within a health care entity shall not constitute disruptive behavior provided the practitioner does not engage in behavior prohibited in subdivision A 3 of this section.

18VAC85-140-170. Solicitation or remuneration in exchange for referral.

A practitioner shall not knowingly and willfully solicit or receive any remuneration, directly or indirectly, in return for referring an individual to a facility or institution as defined in § 37.2-100 of the Code of Virginia or hospital as defined in § 32.1-123 of the Code of Virginia.

"Remuneration" means compensation, received in cash or in kind, but shall not include any payments, business arrangements, or payment practices allowed by 42 USC § 1320 a-7b(b), as amended, or any regulations promulgated thereto.

18VAC85-140-180. Sexual contact.

A. For purposes of § 54.1-2915 A 12 and A 19 of the Code of Virginia and this section, "sexual contact" includes but is not limited to sexual behavior or verbal or physical behavior that:

1. May reasonably be interpreted as intended for the sexual arousal or gratification of the practitioner, the patient, or both; or

2. May reasonably be interpreted as romantic involvement with a patient regardless of whether such involvement occurs within the professional setting or outside of it.

B. Sexual contact with a patient.

1. The determination of when a person is a patient for purposes of § 54.1-2915 A 19 of the Code of Virginia is made on a case-by-case basis with consideration given to the nature, extent, and context of the professional relationship between the practitioner and the person. The fact that a person is not actively receiving treatment or professional services from a practitioner is not determinative of this issue. A person is presumed to remain a patient until the practitioner-patient relationship is terminated.

2. The consent to, initiation of, or participation in sexual behavior or involvement with a practitioner by a patient neither changes the nature of the conduct nor negates the statutory prohibition.

C. Sexual contact between a practitioner and a former patient after termination of the practitioner-patient relationship may still constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence of emotions derived from the professional relationship.

D. Sexual contact between a practitioner and a key third party shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care. For purposes of this section, "key third party of a patient" means spouse or partner, parent or child, guardian, or legal representative of the patient.

E. Sexual contact between a supervisor and a trainee shall constitute unprofessional conduct if the sexual contact is a result of the exploitation of trust, knowledge, or influence derived from the professional relationship or if the contact has had or is likely to have an adverse effect on patient care.

18VAC85-140-190. Refusal to provide information.

A practitioner shall not willfully refuse to provide information or records as requested or required by the board or its representative pursuant to an investigation or to the enforcement of a statute or regulation.

NOTICE: The following forms used in administering the regulation were 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, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (18VAC85-140)

Instructions for Completing an Application to Practice Polysomnographic Technology in Virginia (undated)

Form A, Claims History (rev. 08/13)

Form B, Employment Activity (rev. 08/13)

Form C, Verification Form (rev. 08/13)

VA.R. Doc. No. R11-2762; Filed November 12, 2014, 4:37 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF OPTOMETRY
Fast-Track Regulation

Title of Regulation: 18VAC105-20. Regulations Governing the Practice of Optometry (amending 18VAC105-20-10, 18VAC105-20-15, 18VAC105-20-20, 18VAC105-20-45, 18VAC105-20-60).

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 31, 2014.

Effective Date: January 15, 2015.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4508, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

Basis: Regulations are promulgated under the general authority of § 54.1-2400 of the Code of Virginia, which provides the Board of Optometry the authority to promulgate regulations to administer the regulatory system. The specific requirement for licensure as an optometrist is found in § 54.1-3204 of the Code of Virginia: "Practicing or offering to practice optometry, or the public representation of being qualified to practice the same by any person not authorized to practice optometry, shall be sufficient evidence of a violation of the law."

Purpose: The purpose of the amended regulation is reduction of or alleviation of barriers to licensure, especially for applicants who have been licensed in other states. A clearer differentiation between licensure by examination and licensure by endorsement will enable applicants to navigate the process more easily. By retaining requirements relating to evidence of competency and ethical practice, the board continues to protect the health, safety, and welfare of the public while making it less burdensome to come to Virginia to establish an optometric practice.

Rationale for Using Fast-Track Process: The amendments proposed will result in a less restrictive regulation or a revision for clarity in requirements for licensure. There should be no controversy with any of the changes, which were approved unanimously by board members.

Substance: The amendments (i) clarify that an applicant who is or was licensed in another state but who does not meet the active practice requirement for endorsement may apply by examination; (ii) allow approval of an applicant whose license has lapsed in another state provided he is eligible for reinstatement and holds at least one current license; (iii) allow an applicant who took the examination more than five years ago to qualify by continuing education rather than retaking the examination; (iv) accept the examination required in another state at the time of initial licensure for an applicant by endorsement rather than requiring a "comparable" examination; and (v) revise renewal language to allow for electronic submissions.

Issues: There are no advantages or disadvantages to the public. Allowing applicants to provide proof of passage of the examination required for initial licensure instead of proof of comparability may benefit a very small number of persons. There are no advantages or disadvantages to the agency or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Optometry proposes to: 1) clarify that an applicant who is or was licensed in another state but who does not meet the active practice requirement for endorsement may apply by examination, 2) allow approval of an applicant whose license has lapsed in another state provided he is eligible for reinstatement and has one current license, 3) allow an applicant who took the examination more than five years ago to qualify by continuing education rather than retaking the examination, 4) accept the examination required in another state at the time of initial licensure for an applicant by endorsement rather than requiring a "comparable" examination, and 5) revise renewal language to allow for electronic submissions.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The proposed amendments reduce barriers to licensure, especially for applicants who have been licensed in other states. A clearer differentiation between licensure by examination and licensure by endorsement will enable applicants to navigate the process more easily. By retaining requirements relating to evidence of competency and ethical practice, the Board continues to protect the public while making it less burdensome to come to Virginia to establish an optometric practice.

Businesses and Entities Affected. The Board estimated that there are 3-4 persons per year who apply for licensure by endorsement who have not taken the national examination. There are currently 1420 licensed optometrists with TPA certification and 151 licensed optometrists without TPA. There are 479 optometry offices in the Commonwealth.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. By reducing barriers to licensure, the proposed amendments may moderately increase the number of practicing optometrists in the Commonwealth.

Effects on the Use and Value of Private Property. By reducing barriers to licensure, the proposed amendments reduce costs for some optometrists.

Small Businesses: Costs and Other Effects. By reducing barriers to licensure, the proposed amendments reduce costs for some optometry practices.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Board of Optometry concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments, which were adopted following a periodic review of the regulation, (i) clarify that an applicant who is or was licensed in another state but who does not meet the active practice requirement for endorsement may apply by examination, (ii) allow approval of an applicant whose license has lapsed in another state provided he is eligible for reinstatement and has one current license, (iii) allow an applicant who took the examination more than five years ago to qualify by continuing education rather than retaking the examination, (iv) accept the examination required in another state at the time of initial licensure for an applicant by endorsement rather than requiring a "comparable" examination, and (v) revise renewal language to allow for electronic submissions.

18VAC105-20-10. Licensure by examination.

A. The applicant, in order to be eligible for licensure by examination to practice optometry in the Commonwealth, shall meet the requirements for TPA certification in 18VAC105-20-16 and shall:

1. Be a graduate of a school of optometry accredited by the Accrediation Council on Optometric Education; have an official transcript verifying graduation sent to the board;

2. Request submission of an official report from the NBEO of a score received on each required part of the NBEO examination or other board-approved examination; and

3. Submit a completed application and the prescribed fee.

B. Applicants who passed the National Board Examination prior to May 1985 shall apply for licensure by endorsement as provided for in 18VAC105-20-15.

C. Required examinations.

1. For the purpose of § 54.1-3211 of the Code of Virginia, the board adopts all parts of the NBEO examination as its written examination for licensure. After July 1, 1997, the board shall require passage as determined by the board of Parts I, II, and III of the NBEO examination.

2. As part of the application for licensure, an applicant must sign a statement attesting that he has read, understands, and will comply with the statutes and regulations governing the practice of optometry in Virginia.

D. If an applicant has been licensed in another jurisdiction, and has not been engaged in active clinical practice for at least 36 out of the last 60 months preceding application, as required for licensure by endorsement, he may apply for licensure by examination, and the following requirements shall also apply:

1. The applicant shall attest that he is not a respondent in a pending or unresolved malpractice claim; and

2. Each jurisdiction in which the applicant is currently or has been licensed shall verify that:

a. The license is full current and unrestricted, or if the license has lapsed, it is eligible for reinstatement;

and all b. All continuing education requirements have been completed, if applicable;

b. c. The applicant is not a respondent in any pending or unresolved board action; and

c. d. The applicant has not committed any act that would constitute a violation of § 54.1-3204 or 54.1-3215 of the Code of Virginia.

E. An applicant who did not complete completed all parts of the board-approved examination within more than five years prior to the date of the board's receipt of their his application for licensure by this board may be required to retake all or any part of the board-approved examination or take up to 32 hours of board-approved continuing education unless they demonstrate that they have maintained clinical, ethical, and legal practice for 36 of the past 60 months immediately prior to submission of an application for licensure.

18VAC105-20-15. Licensure by endorsement.

A. An applicant for licensure by endorsement shall meet the requirements for TPA certification in 18VAC105-20-16, pay the fee as prescribed in 18VAC105-20-20, and file a completed application that certifies the following:

1. The applicant has successfully completed a licensing passed the examination or certification required for licensure in optometry in any jurisdiction of the United States that is approximately comparable to the Virginia examination at the time of initial licensure.

2. The applicant has been engaged in active clinical practice for at least 36 months out of the last 60 months immediately preceding application.

3. The applicant is not a respondent in a pending or unresolved malpractice claim.

4. The applicant is currently licensed in another jurisdiction of the United States.

4. 5. Each jurisdiction in which the applicant is currently or has been licensed has verified shall verify that:

a. The license is full current and unrestricted, or if the license has lapsed, it is eligible for reinstatement;

and all b. All continuing education requirements have been completed, if applicable;

b. c. The applicant is not a respondent in any pending or unresolved board action;

c. d. The applicant has not committed any act that would constitute a violation of § 54.1-3204 or 54.1-3215 of the Code of Virginia; and

d. e. The applicant has graduated from an accredited school or college of optometry.

B. The applicant shall also provide proof of competency in the use of diagnostic pharmaceutical agents (DPAs) which that shall consist of a report from the national board of passing scores on all sections of Parts I and II of the NBEO examination taken in May 1985 or thereafter. If the applicant does not qualify through examination, he shall provide other proof of meeting the requirements for the use of DPA as provided in §§ 54.1-3220 and 54.1-3221 of the Code of Virginia.

C. As part of the application for licensure, an applicant must sign a statement attesting that he has read, understands, and will comply with the statutes and regulations governing the practice of optometry in Virginia.

D. In the case of a federal service optometrist, the commanding officer shall also verify that the applicant is in good standing and provide proof of credentialing and quality assurance review to satisfy compliance with applicable requirements of subsection A of this section.

E. In the event the examinations for initial licensure are determined not comparable, the board may require the applicant to take and pass a regional or national practical examination.

F. An optometrist previously licensed in Virginia is not eligible for licensure by endorsement but may apply for reinstatement of licensure under 18VAC105-20-60.

18VAC105-20-20. Fees.

A. Required fees.

Initial application and licensure (including TPA certification)

$250

Application for TPA certification

$200

Annual licensure renewal without TPA certification

$150

Annual licensure renewal with TPA certification

$200

Late renewal without TPA certification

$50

Late renewal with TPA certification

$65

Returned check

$35

Professional designation application

$100

Annual professional designation renewal (per location)

$50

Late renewal of professional designation

$20

Reinstatement application fee (including renewal and late fees)

$400

Reinstatement application after disciplinary action

$500

Duplicate wall certificate

$25

Duplicate license

$10

Licensure verification

$10

B. Unless otherwise specified, all fees are nonrefundable.

C. Until December 31, 2013, the following fees shall be in effect:

Annual licensure renewal without TPA certification

$100

Annual licensure renewal with TPA certification

$135

Annual professional designation renewal (per location)

$30

18VAC105-20-45. Standards of practice.

A. An optometrist shall legibly document in a patient record the following:

1. During a routine or medical eye examination:

a. An adequate case history, including the patient's chief complaint;

b. The performance of appropriate testing;

c. The establishment of an assessment or diagnosis; and

d. A recommendation for an appropriate treatment or management plan, including any necessary follow up.

2. During an initial contact lens examination:

a. The requirements of a routine or medical eye examination as prescribed in subdivision 1 of this subsection;

b. Assessment of corneal curvature;

c. Evaluation of contact lens fitting;

d. Acuity through the lens; and

e. Directions for the wear, care, and handling of lenses.

3. During a follow-up contact lens examination:

a. Evaluation of contact lens fitting and anterior segment health;

b. Acuity through the lens; and

c. Such further instructions as necessary for the individual patient.

4. In addition, the record of any examination shall include the signature of the attending optometrist and, if indicated, refraction of the patient.

B. The following information shall appear on a prescription for ophthalmic goods:

1. The printed name of the prescribing optometrist;

2. The address and telephone number at which the patient's records are maintained and the optometrist can be reached for consultation;

3. The name of the patient;

4. The signature of the optometrist;

5. The date of the examination and an expiration date, if medically appropriate; and

6. Any special instructions.

C. Contact lens.

1. Sufficient information for complete and accurate filling of an established contact lens prescription shall include but not be limited to (i) the power, (ii) the material or manufacturer or both, (iii) the base curve or appropriate designation, (iv) the diameter when appropriate, and (v) medically appropriate expiration date.

2. An optometrist shall provide a patient with a copy of the patient's contact lens prescription i at the end of the contact lens fitting, even if the patient does not ask for it. An optometrist may first require all fees to be paid, but only if he requires immediate payment from patients whose eye examinations reveal no need for corrective eye products.

3. An optometrist shall provide or verify the prescription to anyone who is designated to act on behalf of the patient, including contact lens sellers.

4. An optometrist shall not require patients to buy contact lens, pay additional fees, or sign a waiver or release in exchange for a copy of the contact lens prescription.

5. An optometrist shall not disclaim liability or responsibility for the accuracy of an eye examination.

D. Spectacle lens.

1. A licensed optometrist shall provide a written prescription for spectacle lenses immediately after the eye examination is completed. He may first require all fees to be paid, but only if he requires immediate payment from patients whose eye examinations reveal no need for corrective eye products.

2. An optometrist shall not require patients to buy ophthalmic goods, pay additional fees, or sign a waiver or release in exchange for a copy of the spectacle prescription.

3. An optometrist shall not disclaim liability or responsibility for the accuracy of an eye examination.

E. Practitioners shall maintain a patient record for a minimum of five years following the last patient encounter with the following exceptions:

1. Records that have previously been transferred to another practitioner or health care provider or provided to the patient or his personal representative; or

2. Records that are required by contractual obligation or federal law to be maintained for a longer period of time.

F. From March 17, 2011, practitioners Practitioners shall post information or in some manner inform all patients concerning the time frame for record retention and destruction. Patient records shall only be destroyed in a manner that protects patient confidentiality.

18VAC105-20-60. Renewal of licensure; reinstatement; renewal fees.

A. Every person authorized by the board to practice optometry shall, on or before December 31 of every year, submit a completed renewal application form and pay the prescribed annual licensure fee.

B. It shall be the duty and responsibility of each licensee to assure that the board has the licensee's current address of record and the public address, if different from the address of record. All changes of address or name shall be furnished to the board within 30 days after the change occurs. All notices required by law or by these rules and regulations are to be deemed to be validly tendered when mailed to the address of record given and shall not relieve the licensee of the obligation to comply.

C. The license of every person who does not return the completed complete the renewal form and submit the renewal fee by December 31 of each year may be renewed for up to one year by paying the prescribed renewal fee and late fee, provided the requirements of 18VAC105-20-70 have been met. After December 31, a license that has not been renewed is lapsed. Practicing optometry in Virginia with a lapsed license may subject the licensee to disciplinary action and additional fines by the board.

D. An optometrist whose license has been lapsed for more than one year and who wishes to resume practice in Virginia shall apply for reinstatement. The executive director may grant reinstatement provided that:

1. The applicant can demonstrate continuing competence;

2. The applicant has satisfied current requirements for continuing education for the period in which the license has been lapsed, not to exceed two years; and

3. The applicant has paid the prescribed reinstatement application fee.

E. The board may require an applicant who has allowed his license to expire and who cannot demonstrate continuing competency to pass all or parts of the board-approved examinations.

VA.R. Doc. No. R15-3603; Filed November 6, 2014, 9:15 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHARMACY
Final Regulation

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-10; adding 18VAC110-20-418).

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Effective Date: December 31, 2014.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Summary:

Chapter 124 of the 2011 Acts of Assembly mandates that the Board of Pharmacy promulgate regulations to specify the elements of a continuous quality improvement program that provides a systematic, ongoing process for analyzing dispensing errors and uses those findings to (i) formulate an appropriate response, (ii) develop or improve pharmacy systems and workflow processes, and (iii) prevent or reduce future errors.

The regulation includes (i) definitions for new necessary terms, such as "actively reports," "analysis," and "dispensing error"; (ii) provisions for pharmacies actively reporting to a patient safety organization; and (iii) provisions for a continuous quality improvement program in a pharmacy, to include notification responsibilities, documentation requirements, remediation of systems or procedures, and maintenance of a record of the analysis of the error.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Part I
General Provisions

18VAC110-20-10. Definitions.

In addition to words and terms defined in §§ 54.1-3300 and 54.1-3401 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"ACPE" means the Accreditation Council for Pharmacy Education.

"Acquisition" of an existing entity permitted, registered or licensed by the board means (i) the purchase or transfer of all or substantially all of the assets of the entity or of any corporation that owns or controls the entity; (ii) the creation of a partnership by a sole proprietor or change in partnership composition; (iii) the acquiring of 50% or more of the outstanding shares of voting stock of a corporation owning the entity or of the parent corporation of a wholly owned subsidiary owning the entity, except that this shall not apply to any corporation the voting stock of which is actively traded on any securities exchange or in any over-the-counter market; or (iv) the merger of a corporation owning the entity, or of the parent corporation of a wholly owned subsidiary owning the entity, with another business or corporation.

"Actively reports" means reporting all dispensing errors and analyses of such errors to a patient safety organization as soon as practical or at least within 30 days of identifying the error.

"Alternate delivery site" means a location authorized in 18VAC110-20-275 to receive dispensed prescriptions on behalf of and for further delivery or administration to a patient.

"Analysis" means a review of the findings collected and documented on each dispensing error, assessment of the cause and any factors contributing to the dispensing error, and any recommendation for remedial action to improve pharmacy systems and workflow processes to prevent or reduce future errors.

"Beyond-use date" means the date beyond which the integrity of a compounded, repackaged, or dispensed drug can no longer be assured and as such is deemed to be adulterated or misbranded as defined in §§ 54.1-3461 and 54.1-3462 of the Code of Virginia.

"Board" means the Virginia Board of Pharmacy.

"CE" means continuing education as required for renewal of licensure by the Board of Pharmacy.

"CEU" means a continuing education unit awarded for credit as the equivalent of 10 contact hours.

"Chart order" means a lawful order for a drug or device entered on the chart or in a medical record of a patient by a prescriber or his designated agent.

"Compliance packaging" means packaging for dispensed drugs which is comprised of a series of containers for solid oral dosage forms and which is designed to assist the user in administering or self-administering the drugs in accordance with directions for use.

"Contact hour" means the amount of credit awarded for 60 minutes of participation in and successful completion of a continuing education program.

"Correctional facility" means any prison, penitentiary, penal facility, jail, detention unit, or other facility in which persons are incarcerated by government officials.

"DEA" means the United States Drug Enforcement Administration.

"Dispensing error" means one or more of the following discovered after the final verification by the pharmacist [ , regardless of whether the patient received the drug ]:

1. Variation from the prescriber's prescription drug order, including but not limited to:

a. Incorrect drug;

b. Incorrect drug strength;

c. Incorrect dosage form;

d. Incorrect patient; or

e. Inadequate or incorrect packaging, labeling, or directions.

2. Failure to exercise professional judgment in identifying and managing:

a. Known therapeutic duplication;

b. Known drug-disease contraindications;

c. Known drug-drug interactions;

d. Incorrect drug dosage or duration of drug treatment;

e. Known drug-allergy interactions;

f. A clinically significant, avoidable delay in therapy; or

g. Any other significant, actual, or potential problem with a patient's drug therapy.

3. Delivery of a drug to the incorrect patient.

4. Variation in bulk repackaging or filling of automated devices, including but not limited to:

a. Incorrect drug;

b. Incorrect drug strength;

c. Incorrect dosage form; or

d. Inadequate or incorrect packaging or labeling.

"Drug donation site" means a permitted pharmacy that specifically registers with the board for the purpose of receiving or redispensing eligible donated prescription drugs pursuant to § 54.1-3411.1 of the Code of Virginia.

"Electronic prescription" means a written prescription that is generated on an electronic application in accordance with 21 CFR Part 1300 and is transmitted to a pharmacy as an electronic data file.

"Expiration date" means that date placed on a drug package by the manufacturer or repacker beyond which the product may not be dispensed or used.

"Facsimile (FAX) prescription" means a written prescription or order which is transmitted by an electronic device over telephone lines which sends the exact image to the receiver (pharmacy) in a hard copy form.

"FDA" means the United States Food and Drug Administration.

"Floor stock" means a supply of drugs that have been distributed for the purpose of general administration by a prescriber or other authorized person pursuant to a valid order of a prescriber.

"Foreign school of pharmacy" means a school outside the United States and its territories offering a course of study in basic sciences, pharmacology, and pharmacy of at least four years in duration resulting in a degree that qualifies a person to practice pharmacy in that country.

"Forgery" means a prescription that was falsely created, falsely signed, or altered.

"FPGEC certificate" means the certificate given by the Foreign Pharmacy Equivalency Committee of NABP that certifies that the holder of such certificate has passed the Foreign Pharmacy Equivalency Examination and a credential review of foreign training to establish educational equivalency to board approved schools of pharmacy, and has passed approved examinations establishing proficiency in English.

"Generic drug name" means the nonproprietary name listed in the United States Pharmacopeia-National Formulary (USP-NF) or in the USAN and the USP Dictionary of Drug Names.

"Hospital" or "nursing home" means those facilities as defined in Title 32.1 of the Code of Virginia or as defined in regulations by the Virginia Department of Health.

"Inactive license" means a license which is registered with the Commonwealth but does not entitle the licensee to practice, the holder of which is not required to submit documentation of CE necessary to hold an active license.

"Long-term care facility" means a nursing home, retirement care, mental care or other facility or institution which provides extended health care to resident patients.

"NABP" means the National Association of Boards of Pharmacy.

"Nuclear pharmacy" means a pharmacy providing radiopharmaceutical services.

"On duty" means that a pharmacist is on the premises at the address of the permitted pharmacy and is available as needed.

"On-hold prescription" means a valid prescription that is received and maintained at the pharmacy for initial dispensing on a future date.

"Patient safety organization" means an organization that has as its primary mission continuous quality improvement under the Patient Safety and Quality Improvement Act of 2005 (Pub. L. 109-41) and is credentialed by the Agency for Healthcare Research and Quality.

"Permitted physician" means a physician who is licensed pursuant to § 54.1-3304 of the Code of Virginia to dispense drugs to persons to whom or for whom pharmacy services are not reasonably available.

"Perpetual inventory" means an ongoing system for recording quantities of drugs received, dispensed or otherwise distributed by a pharmacy.

"Personal supervision" means the pharmacist must be physically present and render direct, personal control over the entire service being rendered or act being performed. Neither prior nor future instructions shall be sufficient nor, shall supervision rendered by telephone, written instructions, or by any mechanical or electronic methods be sufficient.

"Pharmacy closing" means that the permitted pharmacy ceases pharmacy services or fails to provide for continuity of pharmacy services or lawful access to patient prescription records or other required patient records for the purpose of continued pharmacy services to patients.

"Pharmacy technician trainee" means a person who is currently enrolled in an approved pharmacy technician training program and is performing duties restricted to pharmacy technicians for the purpose of obtaining practical experience in accordance with § 54.1-3321 D of the Code of Virginia.

"PIC" means the pharmacist-in-charge of a permitted pharmacy.

"Practice location" means any location in which a prescriber evaluates or treats a patient.

"Prescription department" means any contiguous or noncontiguous areas used for the compounding, dispensing and storage of all Schedule II through VI drugs and devices and any Schedule I investigational drugs.

"PTCB" means the Pharmacy Technician Certification Board, co-founded by the American Pharmaceutical Association and the American Society of Health System Pharmacists, as the national organization for voluntary examination and certification of pharmacy technicians.

"Quality assurance plan" means a plan approved by the board for ongoing monitoring, measuring, evaluating, and, if necessary, improving the performance of a pharmacy function or system.

"Radiopharmaceutical" means any drug that exhibits spontaneous disintegration of unstable nuclei with the emission of nuclear particles or photons and includes any nonradioactive reagent kit or radionuclide generator that is intended to be used in the preparation of any such substance, but does not include drugs such as carbon-containing compounds or potassium-containing salts that include trace quantities of naturally occurring radionuclides. The term also includes any biological product that is labeled with a radionuclide or intended solely to be labeled with a radionuclide.

"Repackaged drug" means any drug removed from the manufacturer's original package and placed in different packaging.

"Robotic pharmacy system" means a mechanical system controlled by a computer that performs operations or activities relative to the storage, packaging, labeling, dispensing, or distribution of medications, and collects, controls, and maintains all transaction information.

"Safety closure container" means a container which meets the requirements of the federal Poison Prevention Packaging Act of 1970 (15 USC §§ 1471-1476), i.e., in testing such containers, that 85% of a test group of 200 children of ages 41-52 months are unable to open the container in a five-minute period and that 80% fail in another five minutes after a demonstration of how to open it and that 90% of a test group of 100 adults must be able to open and close the container.

"Satellite pharmacy" means a pharmacy which is noncontiguous to the centrally permitted pharmacy of a hospital but at the location designated on the pharmacy permit.

"Special packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open to obtain a toxic or harmful amount of the drug contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

"Special use permit" means a permit issued to conduct a pharmacy of a special scope of service that varies in any way from the provisions of any board regulation.

"Storage temperature" means those specific directions stated in some monographs with respect to the temperatures at which pharmaceutical articles shall be stored, where it is considered that storage at a lower or higher temperature may produce undesirable results. The conditions are defined by the following terms:

1. "Cold" means any temperature not exceeding 8°C (46°F). A refrigerator is a cold place in which temperature is maintained thermostatically between 2° and 8°C (36° and 46°F). A freezer is a cold place in which the temperature is maintained thermostatically between -20° and -10°C (-4° and 14°F).

2. "Room temperature" means the temperature prevailing in a working area.

3. "Controlled room temperature" means a temperature maintained thermostatically that encompasses the usual and customary working environment of 20° to 25°C (68° to 77°F); that results in a mean kinetic temperature calculated to be not more than 25°C; and that allows for excursions between 15° and 30°C (59° and 86°F) that are experienced in pharmacies, hospitals, and warehouses.

4. "Warm" means any temperature between 30° and 40°C (86° and 104°F).

5. "Excessive heat" means any temperature above 40°C (104°F).

6. "Protection from freezing" means where, in addition to the risk of breakage of the container, freezing subjects a product to loss of strength or potency, or to the destructive alteration of its characteristics, the container label bears an appropriate instruction to protect the product from freezing.

7. "Cool" means any temperature between 8° and 15°C (46° and 59°F).

"Terminally ill" means a patient with a terminal condition as defined in § 54.1-2982 of the Code of Virginia.

"Unit dose container" means a container that is a single-unit container, as defined in United States Pharmacopeia-National Formulary, for articles intended for administration by other than the parenteral route as a single dose, direct from the container.

"Unit dose package" means a container that contains a particular dose ordered for a patient.

"Unit dose system" means a system in which multiple drugs in unit dose packaging are dispensed in a single container, such as a medication drawer or bin, labeled only with patient name and location. Directions for administration are not provided by the pharmacy on the drug packaging or container but are obtained by the person administering directly from a prescriber's order or medication administration record.

"USP-NF" means the United States Pharmacopeia-National Formulary.

"Well-closed container" means a container that protects the contents from extraneous solids and from loss of the drug under the ordinary or customary conditions of handling, shipment, storage, and distribution.

18VAC110-20-418. Continuous quality improvement programs.

A. Notwithstanding practices constituting unprofessional practice indicated in 18VAC110-20-25, any pharmacy that actively reports dispensing errors and the analysis of such errors to a patient safety organization consistent with § 54.1-3434.03 of the Code of Virginia and 18VAC110-20-10 shall be deemed in compliance with this section. A record indicating the date a report was submitted to a patient safety organization shall be maintained for 12 months from the date of reporting. If no dispensing errors have occurred within the past 30 days, a zero report with date shall be recorded on the record.

B. Pharmacies not actively reporting to patient safety organizations, consistent with § 54.1-3434.03 and 18VAC110-20-10, shall implement a program for continuous quality improvement in compliance with this section.

1. Notification requirements:

a. A pharmacy intern or pharmacy technician who identifies or learns of a dispensing error shall immediately notify a pharmacist on duty of the dispensing error.

b. A pharmacist on duty shall appropriately respond to the dispensing error in a manner that protects the health and safety of the patient.

c. A pharmacist on duty shall immediately notify the patient or the person responsible for administration of the drug to the patient and communicate steps to avoid injury or mitigate the error if the patient is in receipt of a drug involving a dispensing error, that may cause patient harm or affect the efficacy of the drug therapy. Additionally, reasonable efforts shall be made to determine if the patient self-administered or was administered the drug involving the dispensing error. If it is known or reasonable to believe the patient self-administered or was administered the drug involving the dispensing error, the pharmacist shall immediately assure that the prescriber is notified.

2. Documentation and record requirements; remedial action:

a. Documentation of the dispensing error must be initiated as soon as practical, not to exceed three days from identifying the error. Documentation shall include, at a minimum, a description of the event that is sufficient to allow further investigation, categorization, and analysis of the event.

b. The pharmacist-in-charge or designee shall perform a systematic, ongoing analysis, as defined in 18VAC110-20-10, of dispensing errors. An analysis of each dispensing error shall be performed within 30 days of identifying the error.

c. The pharmacist-in-charge shall inform pharmacy personnel of changes made to pharmacy policies, procedures, systems, or processes as a result of the analysis.

d. Documentation associated with the dispensing error need only to be maintained until the systematic analysis has been completed. Prescriptions, dispensing information, and other records required by federal or state law shall be maintained accordingly.

e. A separate record shall be maintained and available for inspection to ensure compliance with this section for 12 months from the date of the analysis of dispensing errors and shall include the following information:

(1) Dates the analysis was initiated and completed;

(2) Names of the participants in the analysis;

(3) General description of remedial action taken to prevent or reduce future errors; and

(4) A zero report with date shall be recorded on the record if no dispensing errors have occurred within the past 30 days.

VA.R. Doc. No. R11-2888; Filed November 3, 2014, 10:08 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE APPRAISER BOARD
Final Regulation

Title of Regulation: 18VAC130-30. Appraisal Management Company Regulations (adding 18VAC130-30-10 through 18VAC130-30-170).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Effective Date: February 1, 2015.

Agency Contact: Christine Martine, Executive Director, Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 350-7849, or email reappraisers@dpor.virginia.gov.

Summary:

To implement Chapter 405 of the 2012 Acts of Assembly, the regulatory action creates a new chapter that provides for the licensure and regulation of real estate appraisal management companies. The regulation establishes definitions, qualifications for licensure, fees, and standards of practice and conduct.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

CHAPTER 30
APPRAISAL MANAGEMENT COMPANY REGULATIONS

Part I
General

18VAC130-30-10. Definitions.

A. Section 54.1-2020 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Appraisal management company"

"Appraisal services"

"Appraiser"

"Board"

"Employee"

"Uniform Standards of Professional Appraisal Practice"

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

"Address of record" means the mailing address designated by the regulant to receive notices and correspondence from the board. Notice mailed to the address of record by certified mail, return receipt requested, shall be deemed valid notice.

"Applicant" means an appraisal management company that has submitted an application for licensure.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Controlling person" means (i) an owner, officer, or director of a corporation or a partnership or a managing member of a limited liability company or other business entity seeking to offer appraisal management services; (ii) an individual employed, appointed, or authorized by an appraisal management company who has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or (iii) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight and direction of, and control over, the work of another.

"Firm" means a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth of Virginia and properly registered, as may be required, with the Virginia State Corporation Commission.

"Regulant" means an appraisal management company as defined in § 54.1-2020 of the Code of Virginia that holds a license issued by the board.

"Reinstatement" means the process and requirements through which an expired license can be made valid without the regulant having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license.

"Responsible person" means a person licensed under Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code of Virginia who shall be designated by each regulant to ensure compliance with Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia, and all regulations of the board, and to receive communications and notices from the board that may affect the regulant.

"Sole proprietor" means any individual, not a corporation or other registered business entity, who is trading under his own name or under an assumed or a fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Timely payment" means payment to an appraiser for the completion of an appraisal or a valuation assignment within 30 days after the appraiser delivers the completed appraisal or valuation assignment to the appraisal management company except in cases of breach of contract or noncompliance with the conditions of the engagement or performance of services that violates the Uniform Standards of Professional Appraisal Practice.

Part II
Entry

18VAC130-30-20. Application procedures.

An applicant seeking licensure shall submit an application with the appropriate fee specified in 18VAC130-30-60. Application shall be made on a form provided by the board or its agent.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all documents are received by the board.

A firm will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. A firm that fails to complete the process within 12 months of receipt of the application in the board's office must submit a new application and fee.

18VAC130-30-30. Qualifications for licensure as an appraisal management company.

A. Firms that meet the definition of appraisal management company as defined in § 54.1-2020 of the Code of Virginia shall submit an application on a form prescribed by the board and shall meet the requirements set forth in § 54.1-2021.1 of the Code of Virginia, as well as the additional qualifications of this section.

B. Any firm acting as an appraisal management company as defined in § 54.1-2020 of the Code of Virginia shall hold a license as an appraisal management company. All names under which the appraisal management company conducts business shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Firms shall be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission or the clerk of the court in the county or jurisdiction where the business is to be conducted in accordance with §§ 59.1-69 through 59.1-76 of the Code of Virginia before submitting an application to the board.

C. The applicant for an appraisal management company license shall disclose the firm's mailing address and the firm's physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. In accordance with § 54.1-204 of the Code of Virginia, each applicant for an appraisal management company license shall have any person who owns 10% or more of the firm and the controlling person of the firm submit to fingerprinting and a background investigation and disclose the following information:

1. All felony convictions.

2. All misdemeanor convictions in any jurisdiction that occurred within five years of the date of application.

3. Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

E. The applicant for an appraisal management company license, the controlling person, the responsible person, and any person who owns 10% or more of the firm shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered, and the board, in its discretion, may deny licensure to any applicant who has been subject to, or whose controlling person or responsible person has been subject to, or any person who owns 10% or more of the firm has been subject to, any form of adverse disciplinary action, including but not limited to (i) reprimand; revocation, suspension, or denial of license; imposition of a monetary penalty; requirement to complete remedial education, or any other corrective action in any jurisdiction or by any board or administrative body or (ii) surrender of a license, a certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining licensure in Virginia.

F. The board shall deny the application for licensure of an applicant for an appraisal management company if any person or entity that owns 10% or more or the appraisal management company has had an appraiser license refused, denied, canceled, or revoked in Virginia or any jurisdiction.

G. The applicant for an appraisal management company license shall be in compliance with the standards of conduct and practice set forth in Part V (18VAC130-30-120 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

H. The applicant for an appraisal management company license shall submit evidence of a bond or letter of credit in accordance with § 54.1-2021.1 [ C D ] of the Code of Virginia. Proof of current bond or letter of credit with the appraisal management company as the named bond holder or letter of credit holder must be submitted to obtain or renew the license. The bond or letter of credit must be in force no later than the effective date of the license and shall remain in effect through the date of expiration of the license. The bond or letter of credit shall include:

1. The principal of the bond or letter of credit;

2. The beneficiary of the bond or letter of credit;

3. The name of the surety or financial institution that issued the bond or letter of credit;

4. The bond or letter of credit number as assigned by the issuer;

5. The dollar amount; and

6. The expiration date or, if self-renewing, the date by which the bond or letter of credit shall be renewed.

I. The firm shall provide the name, address, and contact information for any person or entity that owns 10% or more of the appraisal management company.

J. The firm shall designate a responsible person.

18VAC130-30-40. Application denial.

The board may refuse initial licensure due to an applicant's failure to comply with entry requirements or for any of the reasons the board may discipline a regulant.

Part III
Fees

18VAC130-30-50. General fee requirements.

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be payable to the Treasurer of Virginia.

18VAC130-30-60. Fee schedule.

Fee Type

Fee Amount

When Due

Initial Application - Appraisal Management Company

$490 [ plus National Registry fee of $50 per appraiser working for or contracting with the appraisal management company ]

With application

Renewal - Appraisal Management Company

$300 [ plus National Registry fee of $50 per appraiser working for or contracting with the appraisal management company ]

With renewal application

Reinstatement - Appraisal Management Company

$790 (includes a $490 reinstatement fee in addition to the regular $300 renewal fee) [ plus National Registry fee of $50 per appraiser working for or contracting with the appraisal management company ]

With reinstatement application

[ Each appraisal management company shall submit a $50 National Registry fee assessment for each appraiser working for or contracting with the appraisal management company during the previous year in accordance with § 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC §§ 3331-3351). This fee may be adjusted and charged to an appraisal management company in accordance with the Act. ]

Part IV
Renewal and Reinstatement

18VAC130-30-70. Renewal required.

A license issued under this chapter shall expire two years from the last day of the month in which it was issued. A fee shall be required for renewal.

18VAC130-30-80. Expiration and renewal.

A. Prior to the expiration date shown on the license, licenses shall be renewed upon (i) completion of the renewal application, (ii) submittal of proof of current bond or letter of credit as detailed in 18VAC130-30-30 [ G H ], and (iii) payment of the fees specified in 18VAC130-30-60.

B. The board will mail a renewal notice to the regulant at the last known mailing address of record. Failure to receive this notice shall not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license may be submitted with the required fees as an application for renewal. By submitting an application for renewal, the regulant is certifying continued compliance with the standards of conduct and practice in Part V (18VAC130-30-120 et seq.) of this chapter.

C. Applicants for renewal shall continue to meet all of the qualifications for licensure set forth in Part II (18VAC130-30-20 et seq.) of this chapter.

18VAC130-30-90. Reinstatement of appraisal management company license required.

A. If all of the requirements for renewal of a license as specified in 18VAC130-30-80 A are not completed within 30 days of the license expiration date, the regulant shall be required to reinstate the license by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC130-30-60.

B. A license may be reinstated for up to one year following the expiration date. After one year, the license may not be reinstated under any circumstances and the firm must meet all current entry requirements and apply as a new applicant.

C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC130-30-100. Status of license during the period prior to reinstatement.

A regulant [ who that ] applies for reinstatement of a license shall be subject to all laws and regulations as if the regulant had been continuously licensed. The regulant shall remain under and be subject to the disciplinary authority of the board during this entire period.

18VAC130-30-110. Board discretion to deny renewal or reinstatement.

The board may deny renewal or reinstatement of a license for the same reasons as the board may refuse initial licensure or discipline a regulant.

The board may deny renewal or reinstatement of a license if the regulant has been subject to a disciplinary proceeding and has not met the terms of an agreement for licensure or other board order, has not satisfied all sanctions, or has not fully paid any monetary penalties and costs imposed by the board, plus any accrued interest.

Part V
Standards of Conduct and Practice

18VAC130-30-120. Grounds for disciplinary action.

The board has the power to fine any regulant, to place any regulant on probation, and to suspend or revoke any license issued under the provisions of Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the board, in accordance with [ subdivision 7 of ] § 54.1-201 [ A 7 ] and § 54.1-202 of the Code of Virginia and the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) when any regulant has been found to have violated or cooperated with others in violating any provision of Chapter 20.2 of Title 54.1 of the Code of Virginia, any relevant provision of the Uniform Standards of Professional Appraisal Practice as developed by the Appraisal Standards Board of the Appraisal Foundation, or any regulation of the board.

18VAC130-30-130. Maintenance of license.

A. No license issued by the board shall be assigned or otherwise transferred.

B. A regulant shall report, in writing, all changes of address to the board within 30 days of the change and shall return the license to the board. In addition to the address of record, a physical address is required for each license. If the regulant holds more than one license, certificate, or registration, the regulant shall inform the board of all licenses, certificates, and registrations affected by the address change.

C. Any change in any of the qualifications for licensure found in 18VAC130-30-30 shall be reported to the board within 30 days of the change.

D. Notwithstanding the provisions of subsection C of this section, a regulant shall report the cancellation, amendment, expiration, or any other change of any bond or letter of credit submitted in accordance with 18VAC130-30-30 [ G H ] within five days of the change.

E. A regulant shall report to the board the discharge or termination of the responsible person and provide to the board the new responsible person designated by the regulant within five business days of the discharge or termination and name a new responsible person.

18VAC130-30-140. Change of business entity requires a new license.

A. Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the license becomes void and shall be returned to the board within 30 days of the change. Such changes include but are not limited to:

1. Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;

2. Death of a sole proprietor;

3. Formation, reformation, or dissolution of a general partnership, limited partnership, corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia; or

4. The suspension or termination of the corporation's existence by the State Corporation Commission.

B. When a new firm is formed, the new firm shall apply for a new license on a form provided by the board before engaging in any activity regulated by Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

18VAC130-30-150. Notice of adverse action.

A. Licensed appraisal management companies shall notify the board of the following actions against the firm, the responsible person, any controlling person, or any person who owns 10% or more of the firm:

1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including, but not limited to, any reprimand; license or certificate revocation, suspension, or denial; monetary penalty; or requirement for remedial education or other corrective action.

2. Any voluntary surrender of a license, certificate, or registration done in connection with a disciplinary action in another jurisdiction.

3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor involving moral turpitude, sexual offense, drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

18VAC130-30-160. Prohibited acts.

The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board or Chapter 20.2 (§ 54.1-2020 et seq.) of Title 54.1 of the Code of Virginia, or engaging in any acts enumerated in § 54.1-111 of the Code of Virginia.

2. Allowing a license issued by the board to be used by another.

3. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.

4. The regulant, the responsible person, any controlling person, or any person who owns 10% or more of the firm having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC130-30-150.

5. Failing to inform the board in writing within 30 days that the regulant, the responsible person, any controlling person, or any person who owns 10% or more of the firm was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC130-30-150.

6. Failing to report a change as required by 18VAC130-30-130 or 18VAC130-30-140.

7. Engaging in dishonest or fraudulent conduct as an appraisal management company.

8. Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction.

9. Engaging in any acts enumerated in subsections A through D of § 54.1-2022 of the Code of Virginia.

10. Failing to act as an appraisal management company in a manner that safeguards the interests of the public.

11. Advertising in any name other than the name or names in which licensed.

12. Failing to maintain the bond or letter of credit as required by 18VAC130-30-30 [ G H ].

13. Failing to have a system in place to review the work of all appraisers who may perform appraisal services for the appraisal management company on a periodic basis to ensure that the appraisal services are being conducted in conformance with the Uniform Standards of Professional Appraisal Practice.

14. Failing to maintain a detailed record of the following: (i) each request for an appraisal service that the appraisal management company receives [ and the date the appraiser delivers the completed appraisal or valuation assignment to the appraisal management company ], (ii) the name of each independent appraiser [ that who ] performs the appraisal, (iii) the physical address or legal identification of the subject property, (iv) the name of the appraisal management company's client for the appraisal, (v) the amount paid to the appraiser, and (vi) the amount paid to the appraisal management company.

15. Failing to have a system in place to ensure compliance with § 129E of the Truth in Lending Act (15 USC § 1601 et seq.).

16. Failing to include the regulant's Virginia license number on all contracts, agreements, letters of engagement, or other documentation entered with an independent appraiser for the performance of appraisal services.

18VAC130-30-170. Response to inquiry and provision of records.

A. A regulant must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant of the board shall produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved, or for which the regulant is required to maintain records for inspection and copying by the board or its agents. The board may extend such time frame upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A regulant shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a regulant must respond to an inquiry by the board or its agents within 21 days.

NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of the form to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (18VAC130-30)

[ Appraisal Management Company License Application, A461-40##LIC-v1 (2014)

Appraisal Management Company License Application, A461-4009LIC (eff. 2/15)

Owners and Controlling Person(s) Change Application, A461-40CHG (eff. 2/15)

Responsible Person Change Application, A461-40RPCHG (eff. 2/15) ]

VA.R. Doc. No. R13-3435; Filed November 6, 2014, 1:09 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF SOCIAL WORK
Proposed Regulation

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work (amending 18VAC140-20-30, 18VAC140-20-100, 18VAC140-20-105, 18VAC140-20-106, 18VAC140-20-110, 18VAC140-20-130).

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

Public Hearing Information:

December 5, 2014 - 10 a.m. - Perimeter Center, Department of Health Professions, 9960 Mayland Drive, 2nd Floor, Richmond, VA 23233.

Public Comment Deadline: January 30, 2015.

Agency Contact: Catherine Chappell, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4406, FAX (804) 527-4435, or email catherine.chappell@dhp.virginia.gov.

Basis: Regulations Governing the Practice of Social Work (18VAC140-20) are promulgated under the general authority of Chapter 24 (§ 54.1-2400 et seq.) of Title 54.1 of the Code of Virginia, which establishes the general powers and duties of health regulatory boards including (i) the responsibility to promulgate regulations in accordance with the Administrative Process Act that are reasonable and necessary and (ii) the authority to levy and collect fees that are sufficient to cover all expenses for the administration of a regulatory program.

The proposed regulation is mandated by § 54.1-113 of the Code of Virginia; however the board must exercise some discretion in the amount and type of fees that will be increased in order to comply with the statute. Section 54.1-113 A states "Following the close of any biennium, when the account for any regulatory board within the Department of Professional and Occupational Regulation or the Department of Health Professions maintained under § 54.1-308 or § 54.1-2505 shows expenses allocated to it for the past biennium to be more than ten percent greater or less than moneys collected on behalf of the board, it shall revise the fees levied by it for certification or licensure and renewal thereof so that the fees are sufficient but not excessive to cover expenses."

Purpose: The issue to be addressed is the need of the Board of Social Work to increase its fees to cover expenses for essential functions of licensing, investigation of complaints against licensees, and adjudication of disciplinary cases to protect the health and safety of clients and patients who receive social work and clinical services in the Commonwealth.

Section 54.1-113 of the Code of Virginia requires that at the end of each biennium, an analysis of revenues and expenditures of each regulatory board shall be performed. It is necessary that each board have sufficient revenue to cover its expenditures. In the 2009 fiscal year (FY09), the board collected biennial renewal fees, resulting in a balance of $404,324. However, the combination of income in FY10 and FY11 did not equal the combined expenditures for those fiscal years. At the time the NOIRA was adopted, it was projected that the board may conclude FY14 with a deficit of ($124,132) and that the board will continue to have deficits through the fiscal years going forward. However, because of extraordinary increases in information technology (IT) services, increases in health care costs, building lease payments, and other expenditures, the projected deficit for FY14 is now ($254,794) and is projected to increase to ($505,232) without action by the board.

In FY05 when the contract for information technology services was signed, placing all IT hardware, software, and services under a contract with Northrop Grumman through the Virginia Information Technologies Agency (VITA), Department of Health Professions (DHP) costs for IT services was $850,000. In FY11, the cost for those services was $3.6 million, and it is projected to be $4.4 million in FY12. Since DHP and its boards are under the VITA contract, the agency has no other options for information technology.

Additionally, some of DHP's nongeneral funds were transferred, in accordance with the Budget Bill of 2010, to the General Fund to help close the gap between revenue and expenditures. The share of that cash transfer allocated to the Board of Social Work was $11,818. There is a possibility that the General Assembly could opt to require another cash transfer in 2011 and beyond.

Since the fees from licensees no longer generate sufficient funds to pay operating expenses for the board, adoption of a fee increase is essential to continue licensing, investigating, and disciplining social workers.

Substance: Amendments reflect an increase in the application and renewal fees, fees charged for late renewal, administrative fees, and reinstatement after disciplinary action. The renewal cycle is changed from biennial to annual, but the verification of continuing education remains on a two-year cycle.

An application and licensure fee will increase from $100 to $165 for a licensed clinical social worker and from $100 to $115 for a licensed social worker. Renewal fees will change from $125 biennially to $90 annually for a licensed clinical social worker and from $110 biennially to $65 annually for a licensed social worker.

Issues: The primary advantage to the public is that increased fees will produce adequate revenue to fund the licensing and disciplinary activities of the board. With the shortfall of $254,794 projected in FY14, there could be significant delays in licensing and in the investigation and adjudication of complaints against licensees. There are no disadvantages to the public; increases in renewal fees are mitigated by moving from a biennial to an annual license and should not significantly impact the cost of social work services for Virginians.

There are no disadvantages to the agency; the advantage would be that fees would be sufficient to cover expenditures, especially significant increases in IT services, which is a requirement of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Social Work (Board) proposes to increase most fees paid by licensees and registrants that are subject to the Board's authority and to move from biennial renewal to annual renewal.

Result of Analysis. For one of these proposed changes, costs for licensees likely outweigh benefits for the agency. There is insufficient information to accurately gauge whether benefits are likely to outweigh costs for these proposed changes.

Estimated Economic Impact. Under current regulations, licensed clinical social workers and licensed social workers pay the same initial licensure fees ($100). During biennial renewal licensed clinical social workers currently pay more than licensed social workers ($125 to $110). Currently all classes of licensed or registered social workers can renew their licenses or registrations for up to four years after their expiration dates by paying a late renewal fee of $10 and providing proof of completed continuing education.

With these proposed regulations, the Board intends to 1) separate initial licensure fee paid by licensed clinical social workers from that paid by licensed social workers (all fees except the fee for reinstatement of licensure after disciplinary action), 2) require renewal of licensure every year instead of every two years (although proof of continuing education will still be required only every other year), 3) limit late renewal to within one year of expiration of license or registration and 4) separate fee for adding or changing supervision from that for initial registration of supervision. The Board also proposes to increase all fees except those for late renewal for registered social workers and associate social workers and the returned check fee. Below is a comparison table for current and proposed fees:

FEE TYPE

CURRENT FEE

PROPOSED FEE

% INCREASE

Registration of Supervision

$25

$50

100%

Add/Change Supervision

$25

$25

No change

Application Processing for Licensed Clinical Social Workers

$100

$165

65%

Application Processing for Licensed Social Workers

$100

$115

15%

Registration Renewal for Registered Social Workers

$35 (biennially)

$25 (annually)

((25*2)-35)/35=

42.86%

Registration Renewal for Associate Social Worker

$35 (biennially)

$25 (annually)

((25*2)-35)/35=

42.86%

License Renewal for Licensed Social Worker

$110 (biennially)

$65 (annually)

((65*2)-110)/110=

18.18%

License Renewal for Licensed Clinical Social Worker

$125 (biennially)

$90 (annually)

((90*2)-125)/125=

44%

Penalty for Late Renewal for Registered Social Worker

$10

$10

No Change

Penalty for Late Renewal for Associate Social Worker (within one year)

$10

$10

No Change

Penalty for Late Renewal for Licensed Social Workers

$10

$20

100%

Penalty for Late Renewal for Licensed Clinical Social Workers (within one year)

$10

$30

200%

Verification of License to Another Jurisdiction

$10

$25

150%

Additional or Replacement Licenses

$10

$15

50%

Verification Additional or Replacement Wall Certificates

$15

$25

66.67%

Returned Check Charge

$35

$35

No Change

Reinstatement Following Disciplinary Action

$200

$500

150%

Board staff reports that the Board had a surplus for FY 2009 of 404,324 but expects to run a deficit for FY2010 and FY2011 and that, absent approval of these fee increases, "the projected deficit for FY14 is now $254,794" and may reach as high as $505,232. Board staff reports that these fee increases are needed because 1) the costs of heal