TITLE 16. LABOR AND EMPLOYMENT

VIRGINIA EMPLOYMENT COMMISSION

Fast-Track Regulation

Titles of Regulations: 16VAC5-10. Definitions and General Provisions (amending 16VAC5-10-10).

16VAC5-60. Benefits (amending 16VAC5-60-10, 16VAC5-60-20, 16VAC5-60-30).

Statutory Authority: § 60.2-111 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: April 24, 2025.

Agency Contact: Ashley Ervin, Policy Planning Specialist III, Virginia Employment Commission, 6606 West Broad Street, Richmond, VA 23230, telephone (804) 786-3020, or email ashley.ervin@vec.virginia.gov.

Basis: Section 60.2-111 of the Code of Virginia authorizes the Virginia Employment Commission to adopt, amend, or rescind such rules and regulations as it deems necessary or suitable to carry out the commission's duties and powers.

Purpose: The changes aim to remove language that has become obsolete due to internal technology or process changes. The language is also being updated to remove redundant language that is already addressed by statute. Revising agency regulations benefits the welfare of Virginia citizens by formalizing the efficiencies within the agency that have been developed over time. These revisions allow the agency to adapt and evolve in response to changing needs, ensuring that services are delivered more effectively and efficiently. These improvements allow the agency to better address customer needs, providing enhanced service, fostering innovation, and ensure Virginia citizens receive the highest quality of care and support.

Rationale for Using Fast-Track Rulemaking Process: This action is considered noncontroversial because the amendments reflect an updated and more accurate layout of the unemployment insurance (UI) process, which has been adapted to be less burdensome on customers.

Substance: The amendments clarify current practices, update language to conform to current policies, update UI form names and titles, and eliminate requirements already addressed by statute. The amendments also remove obsolete and duplicative language.

Issues: The advantage to both the public and the agency is that the regulation will now conform to the current practices of the UI division and remove language already addressed by statute or prior regulation, reducing the overall regulatory burden. There is no disadvantage as no changes in the UI process will occur because of the updates.

Department of Planning and Budget Economic Impact Analysis:

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 Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Virginia Employment Commission (VEC) proposes to amend the regulation governing unemployment insurance benefits to update the language to reflect current practice and to remove language that is obsolete or redundant.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, VEC proposes to remove language that is either redundant or no longer reflects current practice. The most substantive changes are summarized as follows. 16VAC5-60-10 C would be amended to remove text addressing when "the commission is at fault due to a representative giving inadequate or misleading information to an individual about filing a claim" from the list of necessary conditions for canceling a claim. VEC reports that the text is redundant because a claim can be canceled as long as the other conditions are met. 16VAC5-60-20 C would be amended to remove a current requirement that employers provide certain information to employees within seven days of the effective date of a claim. Similar requirements in 16VAC5-60-20 E, pertaining to weeks of partial unemployment after the first week, would also be stricken. The Partial Unemployment Verification form, included in the Forms section of this regulation, contains these requirements for employers.³ In 16VAC5-60-20 C stating, "evidence need not be furnished if the worker's earnings equal or exceed the worker's weekly benefit amount." The Partial Unemployment Verification form states that employers should include "calendar weeks in which the worker earns less than his/her weekly benefit amount." VEC also proposes to strike language in subsection E stating that "the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence related." The Partial Unemployment Verification form contains a Notice to Worker stating, "To avoid delay of any payment due to you, you must mail this statement immediately upon completion to Virginia Employment Commission," which appears to reflect current VEC practice.

Estimated Benefits and Costs: The proposed amendments largely serve to clarify and update the regulation. Thus, to the extent that the proposed changes are consistent with current agency practice and statute, they are not expected to create new costs. However, as a result of the proposed changes to 16VAC5-60-20, some requirements for employers and claimants would appear only in the Partial Unemployment Verification form, but not in the regulatory text. The proposed changes to strike these statements from the regulation, rather than update it to reflect current practice, could make the regulation less clear for readers.

Businesses and Other Entities Affected. The proposed amendments would affect workers who file a claim for unemployment insurance benefits in Virginia and employers in Virginia. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ To the extent that the proposed changes are consistent with agency practice and statute, they are not expected to increase net costs or reduce net benefits for employers or employees in Virginia. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ See https://ris.dls.virginia.gov/uploads/16VAC5/forms/B-31_statement_of_partial_unemployment_revised_7-2019-20221101135630.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Employment Commission has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Executive Order 19 (2022), the amendments (i) clarify current practices, (ii) update language to conform to current policies, (iii) update an unemployment insurance form name, (iv) eliminate requirements already addressed by statute, and (v) eliminate obsolete or duplicative requirements.

16VAC5-10-10. Definitions.

The following words and terms when used in this chapter regulations of the Virginia Employment Commission shall have the following meanings unless the context clearly indicates otherwise:

"Act" means the Virginia Unemployment Compensation Act as set out in Title 60.2 (§ 60.2-100 et seq.) of the Code of Virginia.

"Additional claim" means a claim for unemployment compensation benefits filed within an existing benefit year by a claimant who has had an intervening period of employment since filing a prior claim.

"Adjudication center" means a service location designated by the commission as an official station for agency staff who are primarily involved in adjudication of disputed benefit and tax liability issues. An adjudication center may be co-located with or incorporated into other agency service locations.

"Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

"Agent state" means any state in which an individual files a claim for benefits from another state.

"Area of high unemployment" means that geographic area of Virginia, including all cities and counties where the average unemployment rate as determined by the commission has been 10% or more during the more recent completed calendar quarters.

"Benefits" means the compensation payable to an individual, with respect to his the individual's unemployment, under the unemployment insurance law of any state or under any federal program in which such compensation is payable in accordance with applicable state law.

"Cash value of remuneration" means the value of rent, housing, lodging, board, or any other payment in kind, in addition to or in lieu of money wages, as agreed upon by the employing unit and the worker at the time of entering into the contract of hire or thereafter. If there is no such agreement, the value thereof shall be an amount equal to a fair estimate of what the worker would, according to his the worker's custom and station, pay for similar goods, services, or accommodations in the same community at premises other than those provided by the employing unit.

"Combined-wage claimant" means a claimant who has covered wages under the unemployment compensation law of Virginia and one other state and who has filed a claim under the Interstate Arrangement for Combining Employment and Wages.

"Commission" means the Virginia Employment Commission as defined in § 60.2-108 of the Code of Virginia.

"Continued claim" or "weekly claim" means a request for the payment of unemployment compensation benefits that is made after the filing of an initial claim.

"Days" means consecutive calendar days unless the use of the term in this chapter specifies otherwise.

"Ex parte communication" means any communication with the presiding appeals examiner or special examiner, regardless of the medium, not in the agency's record regarding substantive, procedural, or other matters that could be reasonably expected to influence the outcome of the case or case decision pending before the agency and for which reasonable notice to all parties is not given at the time of the communication. "Parties" shall include claimants and any employers or employing units that have a direct interest in the outcome of the pending case.

"Initial claim" means any new claim for unemployment compensation benefits.

"In-person hearing" means a hearing where the parties, witnesses, and representatives personally appear before the appeals examiner or special examiner.

"Interested jurisdiction" means any participating jurisdiction to which an election submitted under 16VAC5-50-10 et seq. is sent for its approval and "interested agency" means the agency of such jurisdiction.

"Interstate Benefit Payment Plan" means an approved plan under which benefits shall be payable to unemployed individuals absent from the state in which benefit credits have been accumulated.

"Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one liable state through the facilities of an agent state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the commission finds that this exclusion would create undue hardship on such claimants in specified areas.

"Jurisdiction" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Liable employer" means the employing unit for whom a claimant last worked during for 30 days, whether or not such days were consecutive, or for 240 hours prior to filing an initial, additional, or reopened claim for benefits.

"Liable state" means any state against which an individual files, through another state, a claim for benefits.

"Mass separation" means a separation (permanently, for an expected duration of at least seven days, or for any indefinite period) at or about the same time and for the same reasons (i) of at least 20% of the total number of workers employed in an establishment; (ii) of at least 50% of the total number of workers employed in any division or department of any establishment; or (iii) notwithstanding any of the foregoing clauses (i) and (ii) of this definition, a separation at or about the same time and for the same reason of 25 or more workers employed in a single establishment.

"New claim" means a claim for unemployment compensation benefits filed in a manner prescribed by the commission, by an individual who does not have an existing benefit year established.

"Notification lists" means lists used by the commission to notify interested parties of regulatory actions pursuant to this chapter. Such lists may include electronic mailing lists maintained through a state website or regular mailing lists maintained by the commission.

"Partially unemployed individual" means an individual who during a particular week (i) had earnings, but less than his the individual's weekly benefit amounts,; (ii) was employed by a regular employer,; and (iii) worked, but less for fewer than his the individual's normal customary hours for such regular employer because of lack of work.

"Participating jurisdiction" means a jurisdiction whose administrative agency has subscribed to the Interstate Arrangement for Combining Employment and Wages and whose adherence thereto has not terminated.

"Part-total unemployment" means the unemployment of any individual (i) in any week of less than full-time work in which he the individual earns some remuneration (but less than his the individual's weekly benefit amount) and during which he the individual is not attached to a regular employer; or, (ii) in any week in which he the individual has wages such as holiday or vacation pay that are less than his the individual's weekly benefit amount, but where no actual work has been performed regardless of his the individual's attachment to a regular employer.

"Paying state" means (i) the state in which a combined-wage claimant files a combined-wage claim, if the claimant qualifies for unemployment benefits in that state on the basis of combined employment and wages, and combining will increase either the weekly benefit amount or the maximum benefit amount; or (ii) if the state in which a combined-wage claimant files a combined-wage claim is not the paying state under the criterion set forth in clause (i) of this definition, or if the combined-wage claim is filed in Canada or the U.S. Virgin Islands, then the paying state shall be that state where the combined-wage claimant was last employed in covered employment among the states in which the claimant qualifies for unemployment benefits on the basis of combined employment and wages.

"Reopened claim" means the first claim for unemployment compensation benefits filed within an existing benefit year after a break in the claim series caused by any reason other than intervening employment.

"Services customarily performed by an individual in more than one jurisdiction" means services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they the services will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.

"Severance and dismissal pay" means, for the purpose of taxation and benefits, all payments made by an employer at or subsequent to an employee's separation, except that payments that are exclusively for services performed prior to separation shall not be treated as severance or dismissal pay. Such payments may be allocated by the employer for any period following separation so long as such allocation is at a weekly rate at least equal to the average weekly wage received by such employee during the last calendar quarter preceding the separation, and will in such cases be deemed to have been paid in those weeks covered by the allocation. If no allocation is made by the employer, such payments will be deemed allocated to the last day of work.

"Split hearing" means an in-person hearing where one or more parties, representatives, or witnesses are allowed to participate telephonically by telephone.

"State" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Telephone hearing" means a hearing where all parties, witnesses, and representatives participate before the appeals or special examiner by way of a telephone conference call.

"Total unemployment" means the unemployment of an individual for any week in which he the individual performs no work and has no wages due payable to him, regardless of whether or not he the individual is attached to an employing unit's payroll.

"Transferring state" means a state in which a combined-wage claimant had covered employment and wages in the base period of a paying state, and that transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.

"Workforce center" means an office of the commission, which may include one-stop centers, job information, referral services, and unemployment insurance services.

16VAC5-60-10. Total and part-total unemployment.

A. An individual's week of total or part-total unemployment shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day the individual files a claim and registers for work, and, thereafter, the seven-consecutive-day period following any week of such unemployment. An initial claim may be filed by telephone, Internet, or by other means at the discretion of the commission.

B. Whenever an employing unit receives an Employer's Report of Separation and Wage Information correspondence electronically or by mail from the commission informing it that an individual has filed a claim for benefits, such employing unit shall, within 10 days from the date of notification, complete the report and return or submit it to the commission as directed. That portion of the Employer's Report of Separation and Wage Information to be completed by the employing unit shall set forth:

1. The date the worker began working;

2. The last day on which he the worker actually worked;

3. The reason for separation;

4. Such other information as is required by such form. The employing unit's official name and account number, if any, assigned to such employing unit by the commission shall appear on the completed report; and

5. The name and title of the official completing the report shall be provided as well as certification that the information contained in the report is accurate and complete to the best knowledge of that official.

C. To file a claim for benefits, a claimant shall report in a manner prescribed by the commission and shall file a claim for benefits setting forth (i) the claimant's unemployment and that the claimant claims benefits, (ii) that the claimant is able to work and is available for work, and (iii) such other information as is required. A claim for benefits, when filed, may also constitute the individual's registration for work.

D. Upon written request by the claimant, an initial claim for benefits, not to include combined-wage claims, may be canceled if (i) the request is made within the appeal period shown on the monetary determination; (ii) there has been no payment made on the claim; and (iii) the deputy has not rendered a determination based on the claimant's separation from employment; and (iv) the commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim. Upon written request by the claimant, a claim may be withdrawn if the commission determines that the provisions of § 60.2-107 of the Code of Virginia have been met and any benefits paid the claimant have been repaid.

Combined wage claims may be canceled under the provisions set forth in 16VAC5-70-20 B.

1. Except as otherwise provided in this section, the claimant shall continue to report as directed during a continuous period of unemployment.

2. The commission shall permit continued or weekly claims to be filed by Internet, telephone, or such other means as the commission may authorize.

D. E. All initial total, partial, or part-total unemployment claims shall be effective consistent with the provisions set forth in subsection A of this section, except that an earlier effective date may apply for late filing of claims in the following cases:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. A previous claim was filed against a wrong liable state;

3. Filing was delayed due to circumstances attributable to the commission;

4. A transitional claim is filed within 14 days from the date the Notice of Benefit Year Ending was mailed to the claimant by the commission;

5. When claiming benefits under any special unemployment insurance program, the claimant becomes eligible for regular unemployment insurance when the calendar quarter changes;

6. The wrong type of claim was processed by the commission; or

7. With respect to reopened or additional claims only, the claimant can show circumstances beyond the claimant's control which that prevented or prohibited him the claimant from reporting earlier.

E. F. In order to claim benefit rights with respect to a given week, the claimant must file a continued or weekly claim for such week. The first continued or weekly claim must be filed within 21 days of the day the initial application was filed. Thereafter, a subsequent continued or weekly claim must be filed within 21 days after the week ending date of the last week claimed. If filing by mail is permitted by the commission, the postmark date constitutes the date of claim filing with the commission. If no postmark appears on the envelope, the continued or weekly claim shall be presumed to be filed on the date it was received by the commission. If the 21st day falls upon a date when the commission's office is closed, the final date for filing shall be extended to the next day the office is open. Failure to file a continued or weekly claim within the 21-day period will result in the denial of benefits for the weeks in question unless good cause is shown, and an additional or reopened claim must be filed in order to initiate any further claim for benefits. Good cause for a delay in filing may be shown for any of the following reasons:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. Filing was delayed due to circumstances attributable to the commission; or

3. The claimant can show circumstances beyond the claimant's control that prevented or prohibited the claimant from filing earlier.

F. G. Normally, all claimants whose unemployment is total or part-total must make an active search for work by contacting prospective employers in an effort to find work during each week claimed in order to meet the eligibility requirements of § 60.2-612 of the Code of Virginia. A claimant who is temporarily unemployed with an expected return to work date within a reasonable period of time as determined by the commission that can be verified from employer information may be considered attached to the claimant's regular employer so as to meet the requirement that the claimant be actively seeking and unable to find suitable work if the claimant performs all suitable work that the claimant's regular employer has for the claimant during any week claimed while attached. Attachment will end if the claimant does not return to work as scheduled or if changed circumstances indicate the claimant has become separated.

G. H. In areas of high unemployment as defined in 16VAC5-10-10, the commission has the authority, in the absence of federal law to the contrary, to adjust the work search requirement of the Act. Any adjustment will be made quarterly within the designated area of high unemployment as follows:

1. The adjustment will be implemented by requiring claimants filing claims who reside in an area experiencing a total unemployment rate of 10% through 14.9% to make one job contact with an employer each week.; or

2. The adjustment will be implemented by waiving the search for work requirement of all claimants filing claims for benefits who reside in an area experiencing a total unemployment rate of 15% or more.

3. No adjustment will be made for claimants filing claims for benefits who reside in an area experiencing a total unemployment rate below 10%.

16VAC5-60-20. Partial unemployment.

A. With respect to a partially unemployed individual, a week of partial unemployment shall consist of a calendar week beginning on Sunday and ending at midnight on Saturday. Total wages payable to partially unemployed workers are to be reported on a calendar week basis.

B. Upon filing of a new claim for partial benefits in each claimant's benefit year, the commission shall promptly notify the employer of such claimant's weekly benefit amount, the date on which the claimant's benefit year commenced, and the effective date of the claim for partial benefits. Similar notice shall likewise be given at least once during the claimant's benefit year to each subsequent employer to whom the claimant is attached during a period of partial unemployment for which the claimant claims benefits. Upon receipt of the notice, the employer shall record this information for use in the preparation of the evidence the employer is required to furnish periodically as required in subsection C of this section.

C. After the employer has been notified of the benefit year, the weekly benefit amount, and the effective date of the claim for partial benefits of any worker in the employer's employ (pursuant to subsection B of this section) the employer shall, within seven days, furnish the employee with written evidence concerning any week of partial unemployment that ended on or before the receipt of such notice and that began on or after the effective date of the employee's claim for partial benefits. The employer, until otherwise notified, shall, within 14 days after the termination of any pay period that includes a week of partial unemployment, and that ends after the date of receipt of such notification, furnish the employee with written evidence concerning the employee's partial unemployment with respect to such week. Written evidence of partial unemployment required by this subsection shall be furnished by means of a Statement of Partial Unemployment, Form VEC-B-31, Verification form or other suitable medium approved by the commission. Such evidence need not be furnished, however, where the worker's earnings for a week of partial unemployment equals or exceeds the worker's weekly benefit amount.

The information contained on such medium shall be in ink or typewritten and shall show:

1. The name of the employer and employer account number;

2. The name and social security account number of the worker;

3. The date delivered to the worker;

4. The calendar week ending date;

5. The gross amount of wages earned in such week, by day;

6. The reason and the number of days or hours involved where the worker's earnings were reduced for any cause other than lack of work;

7. The following certification, or one similar:

"During the week or weeks covered by this report, the worker whose name is entered worked less than full time and earned less than his weekly benefit amount for total unemployment because of lack of work, or otherwise shown. I certify that to the best of my knowledge, this information is true and correct"; and

8. An original signature by the employer to the certification in subdivision 7 of this subsection or other identification of the authority supplying the evidence.

D. The new claim for benefits for partial unemployment shall be effective Sunday, the first day of the beginning of the individual's week in which the partial unemployment claim is filed.

E. D. 1. Upon filing a claim as specified in subsection D A of this section, the commission shall cause the notice referred to in subsection B of this section to be sent to the employer. Thereafter, the employer shall make available to the claimant the Statement of Partial Unemployment, Form VEC-B-31, Verification form or other written evidence concerning the claimant's partial unemployment, as provided in subsection C of this section. Such written evidence of partial unemployment shall be presented to the commission within 10 days after it is delivered to the claimant by the employer by the claimant, and failure to do so, within that time, shall result in the claim being processed based on the available information.

2. For each subsequent week the partial claim is continued, the employer shall furnish the claimant with the evidence of partial unemployment as provided in subsection C of this section, and the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer by the date specified by the commission. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence relates.

3. Notwithstanding the provisions of subdivisions 1 and 2 of this subsection, the commission shall permit the claimant to file a continued or weekly claim in the same circumstances applicable to a claimant for total or part-total unemployment compensation.

F. E. With respect to any week claimed, a partially unemployed claimant shall be deemed to be actively seeking work if the claimant performs all suitable work offered to the claimant by the claimant's regular employer.

16VAC5-60-30. Disposition of benefit checks payable to a deceased claimant.

If a claimant has met the eligibility requirements of the Act and completed all forms prescribed by the commission prior to his the claimant's death, upon proof thereof of the claimant's death, the check(s) check for all benefits due shall be payable to the decedent's estate.

FORMS (16VAC5-60)

Instructions to Partial Claimants, VEC-B-19 (rev. 9/2016)

Verification of Offer of Continuing Employment, VEC-B-25 (rev. 6/2012)

Request for Name Changes, VEC-B-41 (rev. 8/2012)

Continued Claim for Benefits, VEC-B-3 (rev. 12/2011)

Notice of Exhaustion, VEC-B-3a (rev. 3/2014)

VEC Claim for Benefits, VEC-B-10 (rev. 8/2013)

Employer's Report of Separation and Wage Information, B-10SEP (rev. 1/2013)

Request for Physician's Certificate of Health, VEC-B-14 (rev. 6/2012)

Request for Licensed Medical Professional's Certificate of Health, VEC-B-14A (rev. 6/2012)

Notice of Benefit Year Ending (BYE), VEC-B-22, (filed 11/2022)

Notice to Workers, VEC-B-29 (rev. 4/2015)

Monetary Determination, VEC-B-30 (rev. 1/2013)

Notice of Benefit Liability, VEC-B-30R (rev. 9/95)

Statement of Partial Unemployment, VEC-B-31 (rev. 3/2014)

Statement of Partial Unemployment, VAEC-B-31 (rev. 7/2019)

Notification of Claim Filed for Benefits, VEC-B-32 (rev. 10/2015)

Verification of Work Search Revised, VEC-B-36 (rev. 8/2013)

Unemployment Benefits Tax Withholding, VEC-B-38 (rev. 9/2012)

Your Unemployment Benefits Rights and Responsibilities (rev. 1/2016). (Although issued for informational purposes only, this booklet contains some interpretative material.)

Training Certification, VEC-TB-1 (rev. 11/1972)

Notice of Child Support Intercept Deduction, VEC-CSI-1 (rev. 2/2010)

Wage Verification Request, VEC-BPC-65 (rev. 4/2016)

New Hire Audit, VEC-BPC-65A (rev. 4/2016)

Claimant's Statement Concerning Report of New Hire, VEC-BPC-66A (rev. 8/2013)

UI Unemployment Insurance Billing Statement, VEC-BPC-89-UI (rev. 11/2013)

Initial Application for Disaster Unemployment Assistance (DUA), DUA-1 (rev. 1/1996)

Weekly Request for DUA, DUA-3 (rev. 719/96)

Bi-weekly Request for Allowances by Workers in Training - Trade Act of 1974, ETA 8-58A (rev. 8/2013)

Claim Cancellation Request (rev. 12/2014)

Notice of Reemployment and Eligibility Assessment (REA) Interview (rev. 10/2015)

TITLE 16. LABOR AND EMPLOYMENT

VIRGINIA EMPLOYMENT COMMISSION

Fast-Track Regulation

Titles of Regulations: 16VAC5-10. Definitions and General Provisions (amending 16VAC5-10-10).

16VAC5-60. Benefits (amending 16VAC5-60-10, 16VAC5-60-20, 16VAC5-60-30).

Statutory Authority: § 60.2-111 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: April 24, 2025.

Agency Contact: Ashley Ervin, Policy Planning Specialist III, Virginia Employment Commission, 6606 West Broad Street, Richmond, VA 23230, telephone (804) 786-3020, or email ashley.ervin@vec.virginia.gov.

Basis: Section 60.2-111 of the Code of Virginia authorizes the Virginia Employment Commission to adopt, amend, or rescind such rules and regulations as it deems necessary or suitable to carry out the commission's duties and powers.

Purpose: The changes aim to remove language that has become obsolete due to internal technology or process changes. The language is also being updated to remove redundant language that is already addressed by statute. Revising agency regulations benefits the welfare of Virginia citizens by formalizing the efficiencies within the agency that have been developed over time. These revisions allow the agency to adapt and evolve in response to changing needs, ensuring that services are delivered more effectively and efficiently. These improvements allow the agency to better address customer needs, providing enhanced service, fostering innovation, and ensure Virginia citizens receive the highest quality of care and support.

Rationale for Using Fast-Track Rulemaking Process: This action is considered noncontroversial because the amendments reflect an updated and more accurate layout of the unemployment insurance (UI) process, which has been adapted to be less burdensome on customers.

Substance: The amendments clarify current practices, update language to conform to current policies, update UI form names and titles, and eliminate requirements already addressed by statute. The amendments also remove obsolete and duplicative language.

Issues: The advantage to both the public and the agency is that the regulation will now conform to the current practices of the UI division and remove language already addressed by statute or prior regulation, reducing the overall regulatory burden. There is no disadvantage as no changes in the UI process will occur because of the updates.

Department of Planning and Budget Economic Impact Analysis:

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 Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Virginia Employment Commission (VEC) proposes to amend the regulation governing unemployment insurance benefits to update the language to reflect current practice and to remove language that is obsolete or redundant.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, VEC proposes to remove language that is either redundant or no longer reflects current practice. The most substantive changes are summarized as follows. 16VAC5-60-10 C would be amended to remove text addressing when "the commission is at fault due to a representative giving inadequate or misleading information to an individual about filing a claim" from the list of necessary conditions for canceling a claim. VEC reports that the text is redundant because a claim can be canceled as long as the other conditions are met. 16VAC5-60-20 C would be amended to remove a current requirement that employers provide certain information to employees within seven days of the effective date of a claim. Similar requirements in 16VAC5-60-20 E, pertaining to weeks of partial unemployment after the first week, would also be stricken. The Partial Unemployment Verification form, included in the Forms section of this regulation, contains these requirements for employers.³ In 16VAC5-60-20 C stating, "evidence need not be furnished if the worker's earnings equal or exceed the worker's weekly benefit amount." The Partial Unemployment Verification form states that employers should include "calendar weeks in which the worker earns less than his/her weekly benefit amount." VEC also proposes to strike language in subsection E stating that "the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence related." The Partial Unemployment Verification form contains a Notice to Worker stating, "To avoid delay of any payment due to you, you must mail this statement immediately upon completion to Virginia Employment Commission," which appears to reflect current VEC practice.

Estimated Benefits and Costs: The proposed amendments largely serve to clarify and update the regulation. Thus, to the extent that the proposed changes are consistent with current agency practice and statute, they are not expected to create new costs. However, as a result of the proposed changes to 16VAC5-60-20, some requirements for employers and claimants would appear only in the Partial Unemployment Verification form, but not in the regulatory text. The proposed changes to strike these statements from the regulation, rather than update it to reflect current practice, could make the regulation less clear for readers.

Businesses and Other Entities Affected. The proposed amendments would affect workers who file a claim for unemployment insurance benefits in Virginia and employers in Virginia. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ To the extent that the proposed changes are consistent with agency practice and statute, they are not expected to increase net costs or reduce net benefits for employers or employees in Virginia. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ See https://ris.dls.virginia.gov/uploads/16VAC5/forms/B-31_statement_of_partial_unemployment_revised_7-2019-20221101135630.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Employment Commission has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Executive Order 19 (2022), the amendments (i) clarify current practices, (ii) update language to conform to current policies, (iii) update an unemployment insurance form name, (iv) eliminate requirements already addressed by statute, and (v) eliminate obsolete or duplicative requirements.

16VAC5-10-10. Definitions.

The following words and terms when used in this chapter regulations of the Virginia Employment Commission shall have the following meanings unless the context clearly indicates otherwise:

"Act" means the Virginia Unemployment Compensation Act as set out in Title 60.2 (§ 60.2-100 et seq.) of the Code of Virginia.

"Additional claim" means a claim for unemployment compensation benefits filed within an existing benefit year by a claimant who has had an intervening period of employment since filing a prior claim.

"Adjudication center" means a service location designated by the commission as an official station for agency staff who are primarily involved in adjudication of disputed benefit and tax liability issues. An adjudication center may be co-located with or incorporated into other agency service locations.

"Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

"Agent state" means any state in which an individual files a claim for benefits from another state.

"Area of high unemployment" means that geographic area of Virginia, including all cities and counties where the average unemployment rate as determined by the commission has been 10% or more during the more recent completed calendar quarters.

"Benefits" means the compensation payable to an individual, with respect to his the individual's unemployment, under the unemployment insurance law of any state or under any federal program in which such compensation is payable in accordance with applicable state law.

"Cash value of remuneration" means the value of rent, housing, lodging, board, or any other payment in kind, in addition to or in lieu of money wages, as agreed upon by the employing unit and the worker at the time of entering into the contract of hire or thereafter. If there is no such agreement, the value thereof shall be an amount equal to a fair estimate of what the worker would, according to his the worker's custom and station, pay for similar goods, services, or accommodations in the same community at premises other than those provided by the employing unit.

"Combined-wage claimant" means a claimant who has covered wages under the unemployment compensation law of Virginia and one other state and who has filed a claim under the Interstate Arrangement for Combining Employment and Wages.

"Commission" means the Virginia Employment Commission as defined in § 60.2-108 of the Code of Virginia.

"Continued claim" or "weekly claim" means a request for the payment of unemployment compensation benefits that is made after the filing of an initial claim.

"Days" means consecutive calendar days unless the use of the term in this chapter specifies otherwise.

"Ex parte communication" means any communication with the presiding appeals examiner or special examiner, regardless of the medium, not in the agency's record regarding substantive, procedural, or other matters that could be reasonably expected to influence the outcome of the case or case decision pending before the agency and for which reasonable notice to all parties is not given at the time of the communication. "Parties" shall include claimants and any employers or employing units that have a direct interest in the outcome of the pending case.

"Initial claim" means any new claim for unemployment compensation benefits.

"In-person hearing" means a hearing where the parties, witnesses, and representatives personally appear before the appeals examiner or special examiner.

"Interested jurisdiction" means any participating jurisdiction to which an election submitted under 16VAC5-50-10 et seq. is sent for its approval and "interested agency" means the agency of such jurisdiction.

"Interstate Benefit Payment Plan" means an approved plan under which benefits shall be payable to unemployed individuals absent from the state in which benefit credits have been accumulated.

"Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one liable state through the facilities of an agent state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the commission finds that this exclusion would create undue hardship on such claimants in specified areas.

"Jurisdiction" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Liable employer" means the employing unit for whom a claimant last worked during for 30 days, whether or not such days were consecutive, or for 240 hours prior to filing an initial, additional, or reopened claim for benefits.

"Liable state" means any state against which an individual files, through another state, a claim for benefits.

"Mass separation" means a separation (permanently, for an expected duration of at least seven days, or for any indefinite period) at or about the same time and for the same reasons (i) of at least 20% of the total number of workers employed in an establishment; (ii) of at least 50% of the total number of workers employed in any division or department of any establishment; or (iii) notwithstanding any of the foregoing clauses (i) and (ii) of this definition, a separation at or about the same time and for the same reason of 25 or more workers employed in a single establishment.

"New claim" means a claim for unemployment compensation benefits filed in a manner prescribed by the commission, by an individual who does not have an existing benefit year established.

"Notification lists" means lists used by the commission to notify interested parties of regulatory actions pursuant to this chapter. Such lists may include electronic mailing lists maintained through a state website or regular mailing lists maintained by the commission.

"Partially unemployed individual" means an individual who during a particular week (i) had earnings, but less than his the individual's weekly benefit amounts,; (ii) was employed by a regular employer,; and (iii) worked, but less for fewer than his the individual's normal customary hours for such regular employer because of lack of work.

"Participating jurisdiction" means a jurisdiction whose administrative agency has subscribed to the Interstate Arrangement for Combining Employment and Wages and whose adherence thereto has not terminated.

"Part-total unemployment" means the unemployment of any individual (i) in any week of less than full-time work in which he the individual earns some remuneration (but less than his the individual's weekly benefit amount) and during which he the individual is not attached to a regular employer; or, (ii) in any week in which he the individual has wages such as holiday or vacation pay that are less than his the individual's weekly benefit amount, but where no actual work has been performed regardless of his the individual's attachment to a regular employer.

"Paying state" means (i) the state in which a combined-wage claimant files a combined-wage claim, if the claimant qualifies for unemployment benefits in that state on the basis of combined employment and wages, and combining will increase either the weekly benefit amount or the maximum benefit amount; or (ii) if the state in which a combined-wage claimant files a combined-wage claim is not the paying state under the criterion set forth in clause (i) of this definition, or if the combined-wage claim is filed in Canada or the U.S. Virgin Islands, then the paying state shall be that state where the combined-wage claimant was last employed in covered employment among the states in which the claimant qualifies for unemployment benefits on the basis of combined employment and wages.

"Reopened claim" means the first claim for unemployment compensation benefits filed within an existing benefit year after a break in the claim series caused by any reason other than intervening employment.

"Services customarily performed by an individual in more than one jurisdiction" means services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they the services will continue to be performed in more than one jurisdiction or if such services are required or expected to be performed in more than one jurisdiction under the election.

"Severance and dismissal pay" means, for the purpose of taxation and benefits, all payments made by an employer at or subsequent to an employee's separation, except that payments that are exclusively for services performed prior to separation shall not be treated as severance or dismissal pay. Such payments may be allocated by the employer for any period following separation so long as such allocation is at a weekly rate at least equal to the average weekly wage received by such employee during the last calendar quarter preceding the separation, and will in such cases be deemed to have been paid in those weeks covered by the allocation. If no allocation is made by the employer, such payments will be deemed allocated to the last day of work.

"Split hearing" means an in-person hearing where one or more parties, representatives, or witnesses are allowed to participate telephonically by telephone.

"State" means the Commonwealth of Virginia, including land or premises located therein, owned, held, or possessed by the United States, the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

"Telephone hearing" means a hearing where all parties, witnesses, and representatives participate before the appeals or special examiner by way of a telephone conference call.

"Total unemployment" means the unemployment of an individual for any week in which he the individual performs no work and has no wages due payable to him, regardless of whether or not he the individual is attached to an employing unit's payroll.

"Transferring state" means a state in which a combined-wage claimant had covered employment and wages in the base period of a paying state, and that transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.

"Workforce center" means an office of the commission, which may include one-stop centers, job information, referral services, and unemployment insurance services.

16VAC5-60-10. Total and part-total unemployment.

A. An individual's week of total or part-total unemployment shall consist of the seven-consecutive-day period beginning with the Sunday prior to the first day the individual files a claim and registers for work, and, thereafter, the seven-consecutive-day period following any week of such unemployment. An initial claim may be filed by telephone, Internet, or by other means at the discretion of the commission.

B. Whenever an employing unit receives an Employer's Report of Separation and Wage Information correspondence electronically or by mail from the commission informing it that an individual has filed a claim for benefits, such employing unit shall, within 10 days from the date of notification, complete the report and return or submit it to the commission as directed. That portion of the Employer's Report of Separation and Wage Information to be completed by the employing unit shall set forth:

1. The date the worker began working;

2. The last day on which he the worker actually worked;

3. The reason for separation;

4. Such other information as is required by such form. The employing unit's official name and account number, if any, assigned to such employing unit by the commission shall appear on the completed report; and

5. The name and title of the official completing the report shall be provided as well as certification that the information contained in the report is accurate and complete to the best knowledge of that official.

C. To file a claim for benefits, a claimant shall report in a manner prescribed by the commission and shall file a claim for benefits setting forth (i) the claimant's unemployment and that the claimant claims benefits, (ii) that the claimant is able to work and is available for work, and (iii) such other information as is required. A claim for benefits, when filed, may also constitute the individual's registration for work.

D. Upon written request by the claimant, an initial claim for benefits, not to include combined-wage claims, may be canceled if (i) the request is made within the appeal period shown on the monetary determination; (ii) there has been no payment made on the claim; and (iii) the deputy has not rendered a determination based on the claimant's separation from employment; and (iv) the commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim. Upon written request by the claimant, a claim may be withdrawn if the commission determines that the provisions of § 60.2-107 of the Code of Virginia have been met and any benefits paid the claimant have been repaid.

Combined wage claims may be canceled under the provisions set forth in 16VAC5-70-20 B.

1. Except as otherwise provided in this section, the claimant shall continue to report as directed during a continuous period of unemployment.

2. The commission shall permit continued or weekly claims to be filed by Internet, telephone, or such other means as the commission may authorize.

D. E. All initial total, partial, or part-total unemployment claims shall be effective consistent with the provisions set forth in subsection A of this section, except that an earlier effective date may apply for late filing of claims in the following cases:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. A previous claim was filed against a wrong liable state;

3. Filing was delayed due to circumstances attributable to the commission;

4. A transitional claim is filed within 14 days from the date the Notice of Benefit Year Ending was mailed to the claimant by the commission;

5. When claiming benefits under any special unemployment insurance program, the claimant becomes eligible for regular unemployment insurance when the calendar quarter changes;

6. The wrong type of claim was processed by the commission; or

7. With respect to reopened or additional claims only, the claimant can show circumstances beyond the claimant's control which that prevented or prohibited him the claimant from reporting earlier.

E. F. In order to claim benefit rights with respect to a given week, the claimant must file a continued or weekly claim for such week. The first continued or weekly claim must be filed within 21 days of the day the initial application was filed. Thereafter, a subsequent continued or weekly claim must be filed within 21 days after the week ending date of the last week claimed. If filing by mail is permitted by the commission, the postmark date constitutes the date of claim filing with the commission. If no postmark appears on the envelope, the continued or weekly claim shall be presumed to be filed on the date it was received by the commission. If the 21st day falls upon a date when the commission's office is closed, the final date for filing shall be extended to the next day the office is open. Failure to file a continued or weekly claim within the 21-day period will result in the denial of benefits for the weeks in question unless good cause is shown, and an additional or reopened claim must be filed in order to initiate any further claim for benefits. Good cause for a delay in filing may be shown for any of the following reasons:

1. The commission is at fault due to a representative of the commission giving inadequate or misleading information to an individual about filing a claim;

2. Filing was delayed due to circumstances attributable to the commission; or

3. The claimant can show circumstances beyond the claimant's control that prevented or prohibited the claimant from filing earlier.

F. G. Normally, all claimants whose unemployment is total or part-total must make an active search for work by contacting prospective employers in an effort to find work during each week claimed in order to meet the eligibility requirements of § 60.2-612 of the Code of Virginia. A claimant who is temporarily unemployed with an expected return to work date within a reasonable period of time as determined by the commission that can be verified from employer information may be considered attached to the claimant's regular employer so as to meet the requirement that the claimant be actively seeking and unable to find suitable work if the claimant performs all suitable work that the claimant's regular employer has for the claimant during any week claimed while attached. Attachment will end if the claimant does not return to work as scheduled or if changed circumstances indicate the claimant has become separated.

G. H. In areas of high unemployment as defined in 16VAC5-10-10, the commission has the authority, in the absence of federal law to the contrary, to adjust the work search requirement of the Act. Any adjustment will be made quarterly within the designated area of high unemployment as follows:

1. The adjustment will be implemented by requiring claimants filing claims who reside in an area experiencing a total unemployment rate of 10% through 14.9% to make one job contact with an employer each week.; or

2. The adjustment will be implemented by waiving the search for work requirement of all claimants filing claims for benefits who reside in an area experiencing a total unemployment rate of 15% or more.

3. No adjustment will be made for claimants filing claims for benefits who reside in an area experiencing a total unemployment rate below 10%.

16VAC5-60-20. Partial unemployment.

A. With respect to a partially unemployed individual, a week of partial unemployment shall consist of a calendar week beginning on Sunday and ending at midnight on Saturday. Total wages payable to partially unemployed workers are to be reported on a calendar week basis.

B. Upon filing of a new claim for partial benefits in each claimant's benefit year, the commission shall promptly notify the employer of such claimant's weekly benefit amount, the date on which the claimant's benefit year commenced, and the effective date of the claim for partial benefits. Similar notice shall likewise be given at least once during the claimant's benefit year to each subsequent employer to whom the claimant is attached during a period of partial unemployment for which the claimant claims benefits. Upon receipt of the notice, the employer shall record this information for use in the preparation of the evidence the employer is required to furnish periodically as required in subsection C of this section.

C. After the employer has been notified of the benefit year, the weekly benefit amount, and the effective date of the claim for partial benefits of any worker in the employer's employ (pursuant to subsection B of this section) the employer shall, within seven days, furnish the employee with written evidence concerning any week of partial unemployment that ended on or before the receipt of such notice and that began on or after the effective date of the employee's claim for partial benefits. The employer, until otherwise notified, shall, within 14 days after the termination of any pay period that includes a week of partial unemployment, and that ends after the date of receipt of such notification, furnish the employee with written evidence concerning the employee's partial unemployment with respect to such week. Written evidence of partial unemployment required by this subsection shall be furnished by means of a Statement of Partial Unemployment, Form VEC-B-31, Verification form or other suitable medium approved by the commission. Such evidence need not be furnished, however, where the worker's earnings for a week of partial unemployment equals or exceeds the worker's weekly benefit amount.

The information contained on such medium shall be in ink or typewritten and shall show:

1. The name of the employer and employer account number;

2. The name and social security account number of the worker;

3. The date delivered to the worker;

4. The calendar week ending date;

5. The gross amount of wages earned in such week, by day;

6. The reason and the number of days or hours involved where the worker's earnings were reduced for any cause other than lack of work;

7. The following certification, or one similar:

"During the week or weeks covered by this report, the worker whose name is entered worked less than full time and earned less than his weekly benefit amount for total unemployment because of lack of work, or otherwise shown. I certify that to the best of my knowledge, this information is true and correct"; and

8. An original signature by the employer to the certification in subdivision 7 of this subsection or other identification of the authority supplying the evidence.

D. The new claim for benefits for partial unemployment shall be effective Sunday, the first day of the beginning of the individual's week in which the partial unemployment claim is filed.

E. D. 1. Upon filing a claim as specified in subsection D A of this section, the commission shall cause the notice referred to in subsection B of this section to be sent to the employer. Thereafter, the employer shall make available to the claimant the Statement of Partial Unemployment, Form VEC-B-31, Verification form or other written evidence concerning the claimant's partial unemployment, as provided in subsection C of this section. Such written evidence of partial unemployment shall be presented to the commission within 10 days after it is delivered to the claimant by the employer by the claimant, and failure to do so, within that time, shall result in the claim being processed based on the available information.

2. For each subsequent week the partial claim is continued, the employer shall furnish the claimant with the evidence of partial unemployment as provided in subsection C of this section, and the claimant shall continue to present such evidence to the commission within 10 days after it is delivered to the claimant by the employer by the date specified by the commission. Failure to do so shall render the claim invalid with respect to any week to which the statement or other evidence relates.

3. Notwithstanding the provisions of subdivisions 1 and 2 of this subsection, the commission shall permit the claimant to file a continued or weekly claim in the same circumstances applicable to a claimant for total or part-total unemployment compensation.

F. E. With respect to any week claimed, a partially unemployed claimant shall be deemed to be actively seeking work if the claimant performs all suitable work offered to the claimant by the claimant's regular employer.

16VAC5-60-30. Disposition of benefit checks payable to a deceased claimant.

If a claimant has met the eligibility requirements of the Act and completed all forms prescribed by the commission prior to his the claimant's death, upon proof thereof of the claimant's death, the check(s) check for all benefits due shall be payable to the decedent's estate.

FORMS (16VAC5-60)

Instructions to Partial Claimants, VEC-B-19 (rev. 9/2016)

Verification of Offer of Continuing Employment, VEC-B-25 (rev. 6/2012)

Request for Name Changes, VEC-B-41 (rev. 8/2012)

Continued Claim for Benefits, VEC-B-3 (rev. 12/2011)

Notice of Exhaustion, VEC-B-3a (rev. 3/2014)

VEC Claim for Benefits, VEC-B-10 (rev. 8/2013)

Employer's Report of Separation and Wage Information, B-10SEP (rev. 1/2013)

Request for Physician's Certificate of Health, VEC-B-14 (rev. 6/2012)

Request for Licensed Medical Professional's Certificate of Health, VEC-B-14A (rev. 6/2012)

Notice of Benefit Year Ending (BYE), VEC-B-22, (filed 11/2022)

Notice to Workers, VEC-B-29 (rev. 4/2015)

Monetary Determination, VEC-B-30 (rev. 1/2013)

Notice of Benefit Liability, VEC-B-30R (rev. 9/95)

Statement of Partial Unemployment, VEC-B-31 (rev. 3/2014)

Statement of Partial Unemployment, VAEC-B-31 (rev. 7/2019)

Notification of Claim Filed for Benefits, VEC-B-32 (rev. 10/2015)

Verification of Work Search Revised, VEC-B-36 (rev. 8/2013)

Unemployment Benefits Tax Withholding, VEC-B-38 (rev. 9/2012)

Your Unemployment Benefits Rights and Responsibilities (rev. 1/2016). (Although issued for informational purposes only, this booklet contains some interpretative material.)

Training Certification, VEC-TB-1 (rev. 11/1972)

Notice of Child Support Intercept Deduction, VEC-CSI-1 (rev. 2/2010)

Wage Verification Request, VEC-BPC-65 (rev. 4/2016)

New Hire Audit, VEC-BPC-65A (rev. 4/2016)

Claimant's Statement Concerning Report of New Hire, VEC-BPC-66A (rev. 8/2013)

UI Unemployment Insurance Billing Statement, VEC-BPC-89-UI (rev. 11/2013)

Initial Application for Disaster Unemployment Assistance (DUA), DUA-1 (rev. 1/1996)

Weekly Request for DUA, DUA-3 (rev. 719/96)

Bi-weekly Request for Allowances by Workers in Training - Trade Act of 1974, ETA 8-58A (rev. 8/2013)

Claim Cancellation Request (rev. 12/2014)

Notice of Reemployment and Eligibility Assessment (REA) Interview (rev. 10/2015)

TITLE 16. LABOR AND EMPLOYMENT

VIRGINIA EMPLOYMENT COMMISSION

Fast-Track Regulation

Title of Regulation: 16VAC5-70. Interstate and Multistate Claimants (amending 16VAC5-70-10).

Statutory Authority: § 60.2-111 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: April 24, 2025.

Agency Contact: Ashley Ervin, Policy Planning Specialist III, Virginia Employment Commission, 6606 West Broad Street, Richmond, VA 23230, telephone (804) 786-3020, or email ashley.ervin@vec.virginia.gov.

Basis: Section 60.2-111 of the Code of Virginia authorizes the Virginia Employment Commission (VEC) to adopt, amend, or rescind such rules and regulations as it deems necessary or suitable to carry out the commission's duties and powers.

Purpose: The amendments remove language that has become obsolete due to technology or internal process changes. Removal of the language makes the regulation less burdensome and allows the agency to operate more efficiently, which in turn benefits the welfare of Virginia citizens. By eliminating unnecessary complexities, the agency can better focus on providing high-quality support and care to Virginia residents.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial because the requirements outlined in the existing regulation are covered by federal regulations. The commission is part of the Interstate Reciprocal Overpayment Recovery Agreement (IRORA), which governs interstate claims.

Substance: The amendments remove provisions that regulate other U.S. states and Canada during the unemployment insurance (UI) process, which is already under federal agreement.

Issues: The advantage to both the public and the agency is the regulations will now conform to the current practices of the UI division and remove language already addressed by IRORA or prior existing VEC regulations, to reduce the overall regulatory burden. There are no disadvantages as no changes in the UI process will occur because of the updates.

Department of Planning and Budget Economic Impact Analysis:

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 Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Virginia Employment Commission (VEC) proposes to amend the regulation governing interstate and multistate claimants of unemployment insurance benefits to remove language that it reports is duplicative of federal regulations, specifically the Interstate Reciprocal Overpayment Recovery Agreement (IRORA).

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, VEC proposes to remove language regarding cooperative agreements with other states adopting a similar agreement for the payment of benefits to interstate claimants. VEC reports that the language that would be repealed is duplicative of statutory requirements. Section 60.2-609 of the Code of Virginia directs the agency to participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under the unemployment compensation laws of two or more states. Such arrangements shall be approved by the United States Secretary of Labor, in consultation with the state unemployment compensation agencies, to ensure the prompt and full payment of compensation in such situations. In addition, VEC reports that the specific interstate rules are governed by IRORA and that the provisions that would be repealed are covered in the ETA Employment and Training Administration Handbook No. 392, Section 2 and in the Handbook for Interstate Overpayment Recovery, which is an alphabetical compilation of pages prepared by each state to provide a reference directory when assistance with benefit payment control is needed from another state.³

Estimated Benefits and Costs: The proposed amendments are intended to remove language that is duplicative of federal regulations and are not expected to create new costs.

Businesses and Other Entities Affected. The proposed amendments would affect workers who file a multistate claim for unemployment insurance benefits in Virginia. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ As the proposed amendments neither increase net costs nor reduce net benefits, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ See the ETA Handbook here: https://oui.doleta.gov/dmstree/handbooks/392/hb_392_2nd.pdf. The Handbook for Interstate Overpayment Recovery is described on page IX-I but does not appear to be available online.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Employment Commission has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

Pursuant to Executive Order 19 (2022), the amendments (i) eliminate duplicative or obsolete provisions and (ii) remove requirements that seek to regulate other U.S. states and Canada.

16VAC5-70-10. Cooperative agreement.

A. This section shall govern the commission in its administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants.

B. A week of unemployment for an interstate claimant shall consist of any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

C. Each interstate claimant shall be registered for work through any public employment office in the agent state when and as required by the law, regulations, and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable state.

Each agent state shall duly report to the liable state in question whether each interstate claimant meets the registration requirements of the agent state.

D. If a claimant files a claim against any state and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits. For the purposes of this chapter, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable or whenever benefits are affected by the application of a seasonal restriction.

E. Claims for benefits or a waiting period shall be filed by interstate claimants by Internet, telephone, or other such means as the commission may authorize.

Claims shall be filed in accordance with agent state regulations for intrastate claims.

1. With respect to claims for weeks of unemployment in which an individual was not working for the individual's regular employer, the liable state shall, under circumstances which it considers good cause, accept a continued claim filed up to one week or one reporting period late. If a claimant files more than one reporting period late, an initial claim shall be used to begin a claim series and no continued claim for a past period shall be accepted.

2. D. With respect to weeks of unemployment during which an individual is attached to the individual's regular employer, the liable state shall accept any claim which is filed within the time limit applicable to such claims under the law of the agent state.

F. The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent state. The liable state may utilize the telephone or mail to directly ascertain facts from the parties.

The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent state shall not refuse to take an interstate claim.

G. The agent state shall afford all reasonable cooperation in the holding of hearings in connection with appealed interstate benefit claims.

With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qualified officer of the agent state, or the date it was mailed by the claimant, whichever is earlier.

H. This section shall apply in all its provisions to claims taken in and for Canada.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Fast-Track Regulation

Title of Regulation: 18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-90, 18VAC50-30-120; adding 18VAC50-30-72).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: June 1, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia requires the Board for Contractors to promulgate regulations that establish the qualifications of applicants for certification or licensure. Section 54.1-1102 of the Code of Virginia authorizes the board to administer the licensure of contractors and the relicensure of contractors after license or certificate suspension or revocation.

Purpose: The board protects the health, safety, and welfare of citizens in part by establishing through regulation the minimum qualifications for entry into a trade-related profession, such as that of an elevator mechanic. The performance of trade-related work by those who lack sufficient expertise poses a risk to the health, safety, and welfare of the public. These risks include significant damage to property, personal injury, and death. In addition, the improper performance of trade-related work may create a substantial risk of financial harm to property owners who may be responsible for assuming costs to correct or complete work that is defective. Representatives in the construction industry have informed the board that there is a shortage of certified elevator mechanics and have expressed concern about a qualified candidate's inability to obtain temporary certification, as allowed by statute, due to the board not having established procedures that provide a pathway to obtain such certification. Additionally, the amendments create a process for the issuance of temporary elevator mechanic certifications while also addressing the shortage of certified elevator mechanics as represented by stakeholders.

Rationale for Using Fast-Track Rulemaking Process: Section 54.1-1142.2 of the Code of Virginia mandates that when a licensed contractor demonstrates to the satisfaction of the board that there is a shortage of elevator mechanics, the board shall issue temporary certifications. Additionally, representatives of the elevator mechanic industry, including the National Elevator Industry Educational Program, have expressed concern to the board regarding the current shortage of certified elevator mechanics available to licensed contractors in Virginia. This rulemaking is expected to be noncontroversial as the action is prompted by request from industry representatives and allows the board to comply with a statutory mandate.

Substance: The amendments create a new section that provides for the process of applying for a temporary elevator mechanic certification and outlines qualifications necessary for such certification. The action also amends the regulation to provide fees for initial temporary certifications and renewal of temporary certifications.

Issues: Currently, there is a shortage of certified elevator mechanics, which is causing delays in the construction and repair of elevators and related conveyances. The primary advantage to the public is that this regulatory change allows qualified individuals to obtain temporary certification as elevator mechanics, thus providing a larger workforce competent to perform construction, maintenance, and service or repair of elevators, escalators, or related conveyances. The primary advantage to the Commonwealth is that the regulatory change allows the board to comply with statute. A pertinent matter of interest to the regulated community is that the regulation allows individuals who are enrolled in a related apprenticeship program and who have completed at least two years of the program to apply for temporary certification, which may provide additional practical experience for the apprentice. No disadvantages to the public or the Commonwealth have been identified.

Department of Planning and Budget Economic Impact Analysis:

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 Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Contractors (board) proposes to amend the Individual License and Certification Regulations to allow the board to issue temporary elevator mechanic certifications when there is an industry shortage of elevator mechanics, as required by statute.

Background. Chapter 586 of the 2009 Acts of Assembly amended § 54.1-1142.2 of the Code of Virginia to state that the board shall issue temporary certifications to qualified individuals, whenever a contractor licensed under the provisions of this chapter demonstrates to the satisfaction of the board that there is a shortage of elevator mechanics. Additionally, the board reports that representatives of the elevator mechanic industry, including the National Elevator Industry Educational Program, have expressed concern to the board regarding the current shortage of certified elevator mechanics available to licensed contractors in Virginia. Thus, the board seeks to amend the Individual License and Certification Regulations to establish a process for licensed contractors to obtain a temporary elevator mechanic certification for one of their employees. The proposed new section, 18VAC15-30-72, would require the requesting contractors to attest to the board, on a form provided by the board, that, after due diligence, the contractor is unable to find an elevator mechanic from the list of certified elevator mechanics maintained by the board to perform elevator work. In addition, the employee of the contractor would be required to submit an application to the board documenting a minimum of two years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances, and 144 hours of formal vocational training. As provided in the statute, the proposed language would specify that the certification would be valid for no more than 45 days from the day of issuance, provided the applicant remains employed by the licensed contractor. The statute also directs the board to, renew such certifications as often as necessary to ensure that there is a sufficient number of elevator mechanics to meet the shortage. Accordingly, the proposed language allows for the temporary certification to be renewed indefinitely provided the licensed contractor continues to provide an attestation. The statute authorizes the board to set fees for such certification and renewal; the board proposes to set the initial application fee at $50 and the renewal fee at $25.

Estimated Benefits and Costs: The proposed amendments would benefit individuals and firms in the construction industry, including licensed contractors who are facing a shortage of certified elevator mechanics by providing a pathway to obtain a temporary certification for an employee. The proposed amendments are not expected to increase competitive pressures for currently certified elevator mechanics in the short run, to the extent that contractors would actually have to verify that they are unable to find an elevator mechanic within a reasonable vicinity or within a reasonable time frame for their construction project and establish that a shortage exists. One of the pathways to certification for elevator mechanics, as provided in 18VAC50-30-40, requires applicants to have three years of practical experience in the construction, maintenance, and service or repair of elevators, escalators, or related conveyances; 144 hours of formal vocational training; and to pass a written examination administered by the board. Thus, the most suitable candidates for the temporary certification are likely to be individuals who are already pursuing the elevator mechanic certification but have yet to accrue the third year of practical experience. The Department of Professional and Occupational Regulation (DPOR) reports that the board receives roughly 182 applications per year, which implies that there may be roughly 182 individuals who are one year shy of completing an apprenticeship program, who would likely be eligible to obtain a temporary certification. If the creation of the temporary certification leads to increased opportunities for such individuals to obtain practical experience or allows them to earn more in that capacity prior to becoming fully certified, these workers would be made better off. In the long run, opportunities to work under the temporary certification may encourage other workers in the trades to pursue an elevator mechanic certification, thereby reducing the shortage. DPOR reports that the board considered reducing the education and experience requirements for the elevator mechanic certification but decided to maintain the current requirements as they were necessary to ensure the safety of elevators and escalators installed in the Commonwealth.

Businesses and Other Entities Affected. The proposed amendments would affect licensed contractors facing a shortage of elevator mechanics. DPOR reports that there are 87 contractors in Virginia who are licensed to engage in elevator or escalator contracting. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ Although the board is establishing new fees for the initial issuance and renewal of the temporary certification, the fees would only apply in the circumstances specified by the proposed language and would only be incurred if a contractor elected to request such a certification for an employee who met the requirements. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed temporary certification would create new opportunities for individuals pursuing an elevator mechanic certification to be employed. DPOR estimates that as many as 182 individuals may be eligible for the temporary certification. The proposed amendments are not expected to significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments could increase the value of private contractor firms by allowing them to complete construction projects without delays due to the shortage of elevator mechanics. Similarly, the temporary certification could marginally reduce real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

In conformance with § 54.1-1142.2 of the Code of Virginia, the amendments establish a process for issuance and renewal of temporary elevator mechanic certifications.

18VAC50-30-72. Temporary certification of elevator mechanics.

A. In accordance with § 54.1-1142.2 of the Code of Virginia, a contractor licensed pursuant to Board for Contractors Regulations (18VAC50-22) may demonstrate to the satisfaction of the board that there is a shortage of elevator mechanics certified pursuant to this chapter and request the board issue a temporary certification as an elevator mechanic to an employee of the licensed contractor.

B. The licensed contractor must attest to the board, on a form provided by the board, that after due diligence, the contractor is unable to find an elevator mechanic from the list of elevator mechanics maintained by the board to perform elevator work.

C. The employee of the contractor must submit an application with the appropriate fee specified in 18VAC50-30-90 for temporary certification as an elevator mechanic. The applicant for temporary certification must submit documentation acceptable to the board that the applicant has a minimum of two years of practical experience in the construction, maintenance, and service, repair, or both of elevators, escalators, or related conveyances, and 144 hours of formal vocational training.

D. If the application is satisfactory to the board, the board will issue a temporary certification to the employee of the licensed contractor. The temporary certification will be valid for no more than 45 days from the date of issuance, provided the employee continues to be employed by the licensed contractor.

E. To the extent that the shortage of elevator mechanics remains, the licensed contractor may request the temporary certification be renewed by submitting the information required under subsection B of this section and payment of the appropriate fee specified in 18VAC50-30-140.

18VAC50-30-90. Fees for licensure and certification.

A. Each check or money order must be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable and shall not be prorated. The date of receipt by the department or its agent is the date that will be used to determine whether or not it the fee is on time. Fees remain active for a period of one year from the date of receipt, and all applications must be completed within that time frame timeframe.

B. Fees are as follows:

18VAC50-30-120. Renewal.

A. Licenses issued under this chapter to electricians, gas fitters, HVAC tradesmen, or plumbers will expire three years from the last day of the month in which they were issued as indicated on the license.

B. All Except as otherwise provided in this chapter, all other licenses and certifications issued under this chapter will expire two years from the last day of the month in which they were issued as indicated on the license or certification.

C. As a condition of renewal or reinstatement and pursuant to § 54.1-1133 of the Code of Virginia, all individuals holding tradesman licenses with the trade designations of plumbing, electrical, and heating ventilation and cooling must satisfactorily complete three hours of continuing education for each designation, and individuals holding a license as a liquefied petroleum gas fitter, a natural gas fitter provider, or a gas fitter, one hour of continuing education, relating to the applicable building code changes, from a provider approved by the board.

D. Certified elevator mechanics and certified accessibility mechanics, as a condition of renewal and pursuant to § 54.1-1143 of the Code of Virginia, must satisfactorily complete eight hours of continuing education relating to the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) pertaining to elevators, escalators, and related conveyances. This continuing education must be from a provider approved by the board.

E. Certified water well systems providers, as a condition of renewal or reinstatement and pursuant to § 54.1-1129.1 B of the Code of Virginia, must satisfactorily complete eight hours of continuing education in the specialty of technical aspects of water well construction, applicable statutory and regulatory provisions, and business practices related to water well construction from a provider approved by the board.

F. Certified automatic fire sprinkler inspectors, as a condition of renewal and pursuant to § 54.1-1148 of the Code of Virginia, must satisfactorily complete eight hours of continuing education relating related to changes and knowledge of the Virginia Statewide Fire Prevention Code (13VAC5-51). No renewal will be permitted once 30 days from the expiration date have passed. After that date, the applicant must apply for a new certification and meet the current entry requirements.

G. Renewal fees are as follows:

All fees are nonrefundable and will not be prorated.

Tradesman license renewal fees received on or before August 31, 2025, shall be $100. For all other renewal fees received on or before August 31, 2025, the fee shall be $70.

H. The board will mail a renewal notice to the regulant outlining procedures for renewal. Failure to receive this notice, however, will not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certification may be submitted with the required fee as an application for renewal within 30 days of the expiration date.

I. The date on which the renewal fee is received by the department or its agent will determine whether the regulant is eligible for renewal or required to apply for reinstatement.

J. The board may deny renewal of a license or certification for the same reasons as it may refuse initial licensure or certification or discipline a regulant. The regulant has a right to request review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

K. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, including renewal, reinstatement, or processing of a new application.

L. Residential building energy analysts, as a condition of renewal or reinstatement, must provide documentation of continued membership, in good standing, of a certifying organization approved by the board and proof of insurance as required in 18VAC50-30-40 I 4.

FORMS (18VAC50-30)

Education Provider Listing Application, A501-27EDLIST-v3 (rev. 12/2012)

Education Provider Registration/Course Registration and Course Approval Application, A501-27EDREG-v5 (rev. 12/2012)

Tradesman Additional Designation & and License Upgrade Application, A501-2710_ADDLIC-v2 (rev. 12/2012)

Tradesman Exam & and License Application, A501-2710EXLIC-v2 (rev. 12/2012)

Tradesman Individual Experience Form, A501-2710EXP-v2 (rev. 12/2012)

Tradesman – Inactive/Activate License Application, A501-2710INAT-v1 (eff. 1/2013)

Backflow Prevention Device Worker Certification Application, A501-2717CERT-v2 (rev. 12/2012)

Certified Elevator Mechanic Application, A501-2718CERT-v3 (rev. 7/2013)

Temporary Elevator Mechanic Certification (rev. 4/2010)

Temporary Certified Elevator Mechanic Application and Renewal, A501-2716TEMPCERT v-1 (eff. 6/2025)

Certified Water Well System Provider Application, A501-2719CERT-v2 (rev. 12/2012)

Certified Accessibility Mechanics Application, A501-2720CERT-v1 (eff. 1/2014)

Certified Accessibility Mechanics Limited Use/Limited Application (LULA) Endorsement Application, A501-2720LULA-v1 (eff. 1/2014)

Automatic Fire Sprinkler Inspector Certification Application, A501-2723FSI-v1 (eff. 4/2020)

Residential Building Energy Analyst License Application, Form A501-2722LIC-v4 (rev. 7/2014)

Residential Building Energy Analyst Experience Form, Form A501-2722EXP-v3 (rev. 7/2013)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF LONG-TERM CARE ADMINISTRATORS

Final Regulation

Titles of Regulations: 18VAC95-20. Regulations Governing the Practice of Nursing Home Administrators (amending 18VAC95-20-80, 18VAC95-20-130, 18VAC95-20-175, 18VAC95-20-180, 18VAC95-20-220, 18VAC95-20-230, 18VAC95-20-300, 18VAC95-20-440; adding 18VAC95-20-201).

18VAC95-30. Regulations Governing the Practice of Assisted Living Facility Administrators (amending 18VAC95-30-40, 18VAC95-30-70, 18VAC95-30-80, 18VAC95-30-130, 18VAC95-30-140, 18VAC95-30-200; adding 18VAC95-30-91).

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

Effective Date: April 9, 2025.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Henrico, VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email corie.wolf@dhp.virginia.gov.

Summary:

Pursuant to Executive Directive One (2022) and Executive Order 19 (2022), the amendments (i) create a pathway for inactive licensure for nursing home administrators and assisted living facility administrators, (ii) eliminate requirements for attestations of compliance with existing laws from application and renewal requirements, (iii) remove requirements for all documents in an application for licensure to be submitted at the same time, and (iv) remove requirements to obtain new preceptors within 60 days upon interruption of a preceptor program.

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.

18VAC95-20-80. Required fees.

The applicant or licensee shall submit all fees in this section that apply:

18VAC95-20-130. Additional fee information.

A. There shall be a fee of $50 for a returned check or a dishonored credit card or debit card.

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service contracted by the board to administer or entity that administers the examinations.

Part II

Renewals and, Reinstatements, and Inactive Licenses

18VAC95-20-175. Continuing education requirements.

A. In order to renew a nursing home administrator license, an applicant shall attest on his the renewal application to completion of 20 hours of approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.

3. At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.

4. A licensee who serves as the registered preceptor in an approved AIT or Assisted Living Facility AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.

5. A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following initial licensure.

B. In order for continuing education to be approved by the board, it shall [ be ] (i) [ be ] related to health care administration and shall be approved or offered by NAB, an accredited institution, or a government agency or (ii) as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

1. The licensee shall retain in the licensee's personal files for a period of three renewal years complete documentation of continuing education, including evidence of attendance or participation as provided by the approved sponsor for each course taken.

2. Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name; and

d. Signature of an authorized representative of the approved sponsor.

3. If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be received in writing and granted by the board prior to the renewal date.

18VAC95-20-180. Late renewal.

A. A person who fails to renew his a license or preceptor registration by the expiration date shall may, within one year of the initial expiration date:

1. Return the renewal notice or request renewal in writing to the board; and

2. Submit the applicable renewal fee and late fee.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

18VAC95-20-201. Inactive licensure.

A. A nursing home administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

1. An inactive licensee shall not be entitled to perform any act requiring a license to practice nursing home administration or registration to serve as a preceptor in Virginia.

2. The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. A nursing home administrator who holds an inactive license may reactivate a license by:

1. Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and

2. Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

18VAC95-20-220. Qualifications for initial licensure.

One of the following sets of qualifications is required for licensure as a nursing home administrator:

1. Degree and practical experience. The applicant shall (i) hold a baccalaureate or higher degree in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution;, (ii) have completed not less than a 320-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the degree program under the supervision of a preceptor;, and (iii) have received a passing grade on the national examination;

2. Certificate program. The applicant shall (i) hold a baccalaureate or higher degree from an accredited college or university, (ii) successfully complete a program with a minimum of 21 semester hours study in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution, (iii) successfully complete not less than a 400-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the certificate program under the supervision of a preceptor, and (iv) have received a passing grade on the national examination;

3. Administrator-in-training program. The applicant shall have (i) successfully completed an AIT program that meets the requirements of Part IV (18VAC95-20-300 et seq.) of this chapter, and (ii) received a passing grade on the national examination, and (iii) completed the Domains of Practice form required by the board; or

4. Health Services Executive (HSE) credential. The applicant shall provide evidence that he the applicant has met the minimum education, experience, and examination standards established by NAB for qualification as a Health Services Executive.

18VAC95-20-230. Application package.

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as a nursing home administrator or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to determine eligibility of the applicant;

3. The applicable fee; and

4. An attestation that he has read and understands and will remain current with the applicable Virginia laws and regulations relating to the administration of nursing homes; and

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination scores, the NPDB report, employer verifications, and verifications from other state boards, all parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-20-300. Administrator-in-training qualifications.

A. To be approved as an administrator-in-training, a person shall:

1. Have received a passing grade on a total of 60 semester hours of education from an accredited institution;

2. Obtain a registered preceptor to provide training;

3. Submit the fee prescribed in 18VAC95-20-80;

4. Submit the application and Domains of Practice form provided by the board; and

5. Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the AIT program.

B. With the exception of school transcripts, all required parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-20-440. Interruption of program.

A. If the program is interrupted because the registered preceptor is unable to serve, the AIT shall notify the board within five working days and shall obtain a new preceptor who is registered with the board within 60 days.

B. Credit for training shall resume when a new preceptor is obtained and approved by the board.

C. If an alternate training plan is developed, it shall be submitted to the board for approval before the AIT resumes training.

18VAC95-30-40. Required fees.

A. The applicant or licensee shall submit all fees in this subsection that apply:

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service contracted by the board to administer or entity that administers the examination.

Part II

Renewals and, Reinstatements, and Inactive Licenses

18VAC95-30-70. Continuing education requirements.

A. In order to renew an assisted living administrator license, an applicant shall attest on the applicant's renewal application to completion of 20 hours of approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.

3. At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.

4. A licensee who serves as the registered preceptor in an approved ALF AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.

5. A licensee is exempt from completing continuing education requirements for the first renewal following initial licensure in Virginia.

B. In order for continuing education to be approved by the board, it shall (i) be related to the Domains of Practice for residential care/assisted care or assisted living and approved or offered by NAB, an accredited educational institution, or a governmental agency or (ii) be as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

1. The licensee shall retain in his the licensee's personal files for a period of three renewal years complete documentation of continuing education including evidence of attendance or participation as provided by the approved sponsor for each course taken.

2. Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name; and

d. Signature of an authorized representative of the approved sponsor.

3. If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be submitted in writing and granted by the board prior to the renewal date.

18VAC95-30-80. Late renewal.

A. A person who fails to renew his a license or preceptor registration by the expiration date shall may, within one year of the initial expiration date:

1. Submit the renewal notice or request renewal by mail to the board;

2. Submit the applicable renewal fee and penalty fee;

3. Provide evidence as may be necessary to establish eligibility for renewal.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

18VAC95-30-91. Inactive licensure.

A. An assisted living facility administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

1. An inactive licensee shall not be entitled to perform any act requiring a license to practice assisted living facility administration or registration to serve as a preceptor in Virginia.

2. The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. An assisted living facility administrator who holds an inactive license may reactivate such license by:

1. Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and

2. Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

18VAC95-30-130. Application package.

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as an assisted living facility administrator or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to determine eligibility of the applicant, to include the most recent survey report if the applicant has been serving as an acting administrator of a facility;

3. The applicable fee; and

4. An attestation that he has read and understands and will remain current with the applicable Virginia laws and the regulations relating to assisted living facilities; and

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination scores, the NPDB report, employer verifications, and verifications from other state boards, all parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-30-140. Training qualifications.

A. To be approved as an ALF administrator-in-training, a person shall:

1. Meet the requirements of 18VAC95-30-100 A 1;

2. Obtain a registered preceptor to provide training;

3. Submit the application and Domains of Practice form provided by the board and the fee prescribed in 18VAC95-30-40; and

4. Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the ALF AIT program.

B. With the exception of school transcripts, all required parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-30-200. Interruption or termination of program.

A. If the program is interrupted because the registered preceptor is unable to serve, the trainee shall notify the board within 10 working days and shall obtain a new preceptor who is registered with the board within 60 days.

1. Credit for training shall resume when a new preceptor is obtained and approved by the board.

2. If an alternate training plan is developed, it shall be submitted to the board for approval before the trainee resumes training.

B. If the training program is terminated prior to completion, the trainee and the preceptor shall each submit a written explanation of the causes of program termination to the board within 10 business days. The preceptor shall also submit all required monthly progress reports completed prior to termination within 10 business days.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF LONG-TERM CARE ADMINISTRATORS

Final Regulation

Titles of Regulations: 18VAC95-20. Regulations Governing the Practice of Nursing Home Administrators (amending 18VAC95-20-80, 18VAC95-20-130, 18VAC95-20-175, 18VAC95-20-180, 18VAC95-20-220, 18VAC95-20-230, 18VAC95-20-300, 18VAC95-20-440; adding 18VAC95-20-201).

18VAC95-30. Regulations Governing the Practice of Assisted Living Facility Administrators (amending 18VAC95-30-40, 18VAC95-30-70, 18VAC95-30-80, 18VAC95-30-130, 18VAC95-30-140, 18VAC95-30-200; adding 18VAC95-30-91).

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

Effective Date: April 9, 2025.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300, Henrico, VA 23233-1463, telephone (804) 367-4595, FAX (804) 527-4413, or email corie.wolf@dhp.virginia.gov.

Summary:

Pursuant to Executive Directive One (2022) and Executive Order 19 (2022), the amendments (i) create a pathway for inactive licensure for nursing home administrators and assisted living facility administrators, (ii) eliminate requirements for attestations of compliance with existing laws from application and renewal requirements, (iii) remove requirements for all documents in an application for licensure to be submitted at the same time, and (iv) remove requirements to obtain new preceptors within 60 days upon interruption of a preceptor program.

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.

18VAC95-20-80. Required fees.

The applicant or licensee shall submit all fees in this section that apply:

18VAC95-20-130. Additional fee information.

A. There shall be a fee of $50 for a returned check or a dishonored credit card or debit card.

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service contracted by the board to administer or entity that administers the examinations.

Part II

Renewals and, Reinstatements, and Inactive Licenses

18VAC95-20-175. Continuing education requirements.

A. In order to renew a nursing home administrator license, an applicant shall attest on his the renewal application to completion of 20 hours of approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.

3. At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.

4. A licensee who serves as the registered preceptor in an approved AIT or Assisted Living Facility AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.

5. A licensee is exempt from completing continuing education requirements and considered in compliance on the first renewal date following initial licensure.

B. In order for continuing education to be approved by the board, it shall [ be ] (i) [ be ] related to health care administration and shall be approved or offered by NAB, an accredited institution, or a government agency or (ii) as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

1. The licensee shall retain in the licensee's personal files for a period of three renewal years complete documentation of continuing education, including evidence of attendance or participation as provided by the approved sponsor for each course taken.

2. Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name; and

d. Signature of an authorized representative of the approved sponsor.

3. If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be received in writing and granted by the board prior to the renewal date.

18VAC95-20-180. Late renewal.

A. A person who fails to renew his a license or preceptor registration by the expiration date shall may, within one year of the initial expiration date:

1. Return the renewal notice or request renewal in writing to the board; and

2. Submit the applicable renewal fee and late fee.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

18VAC95-20-201. Inactive licensure.

A. A nursing home administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

1. An inactive licensee shall not be entitled to perform any act requiring a license to practice nursing home administration or registration to serve as a preceptor in Virginia.

2. The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. A nursing home administrator who holds an inactive license may reactivate a license by:

1. Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and

2. Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

18VAC95-20-220. Qualifications for initial licensure.

One of the following sets of qualifications is required for licensure as a nursing home administrator:

1. Degree and practical experience. The applicant shall (i) hold a baccalaureate or higher degree in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution;, (ii) have completed not less than a 320-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the degree program under the supervision of a preceptor;, and (iii) have received a passing grade on the national examination;

2. Certificate program. The applicant shall (i) hold a baccalaureate or higher degree from an accredited college or university, (ii) successfully complete a program with a minimum of 21 semester hours study in a health care-related field that meets the requirements of 18VAC95-20-221 from an accredited institution, (iii) successfully complete not less than a 400-hour internship that addresses the Domains of Practice as specified in 18VAC95-20-390 in a licensed nursing home as part of the certificate program under the supervision of a preceptor, and (iv) have received a passing grade on the national examination;

3. Administrator-in-training program. The applicant shall have (i) successfully completed an AIT program that meets the requirements of Part IV (18VAC95-20-300 et seq.) of this chapter, and (ii) received a passing grade on the national examination, and (iii) completed the Domains of Practice form required by the board; or

4. Health Services Executive (HSE) credential. The applicant shall provide evidence that he the applicant has met the minimum education, experience, and examination standards established by NAB for qualification as a Health Services Executive.

18VAC95-20-230. Application package.

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as a nursing home administrator or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to determine eligibility of the applicant;

3. The applicable fee; and

4. An attestation that he has read and understands and will remain current with the applicable Virginia laws and regulations relating to the administration of nursing homes; and

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination scores, the NPDB report, employer verifications, and verifications from other state boards, all parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-20-300. Administrator-in-training qualifications.

A. To be approved as an administrator-in-training, a person shall:

1. Have received a passing grade on a total of 60 semester hours of education from an accredited institution;

2. Obtain a registered preceptor to provide training;

3. Submit the fee prescribed in 18VAC95-20-80;

4. Submit the application and Domains of Practice form provided by the board; and

5. Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the AIT program.

B. With the exception of school transcripts, all required parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-20-440. Interruption of program.

A. If the program is interrupted because the registered preceptor is unable to serve, the AIT shall notify the board within five working days and shall obtain a new preceptor who is registered with the board within 60 days.

B. Credit for training shall resume when a new preceptor is obtained and approved by the board.

C. If an alternate training plan is developed, it shall be submitted to the board for approval before the AIT resumes training.

18VAC95-30-40. Required fees.

A. The applicant or licensee shall submit all fees in this subsection that apply:

B. Fees shall not be refunded once submitted.

C. Examination fees are to be paid directly to the service contracted by the board to administer or entity that administers the examination.

Part II

Renewals and, Reinstatements, and Inactive Licenses

18VAC95-30-70. Continuing education requirements.

A. In order to renew an assisted living administrator license, an applicant shall attest on the applicant's renewal application to completion of 20 hours of approved continuing education for each renewal year.

1. Up to 10 of the 20 hours may be obtained through Internet or self-study courses and up to 10 continuing education hours in excess of the number required may be transferred or credited to the next renewal year.

2. Up to two hours of the 20 hours required for annual renewal may be satisfied through delivery of services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for one hour of providing such volunteer services, as documented by the health department or free clinic.

3. At least two hours of continuing education for each renewal year shall relate to the care of residents with mental or cognitive impairments, including Alzheimer's disease and dementia.

4. A licensee who serves as the registered preceptor in an approved ALF AIT program may receive one hour of continuing education credit for each week of training up to a maximum of 10 hours of self-study course credit for each renewal year.

5. A licensee is exempt from completing continuing education requirements for the first renewal following initial licensure in Virginia.

B. In order for continuing education to be approved by the board, it shall (i) be related to the Domains of Practice for residential care/assisted care or assisted living and approved or offered by NAB, an accredited educational institution, or a governmental agency or (ii) be as provided in subdivision A 2 of this section.

C. Documentation of continuing education.

1. The licensee shall retain in his the licensee's personal files for a period of three renewal years complete documentation of continuing education including evidence of attendance or participation as provided by the approved sponsor for each course taken.

2. Evidence of attendance shall be an original document provided by the approved sponsor and shall include:

a. Date the course was taken;

b. Hours of attendance or participation; and

c. Participant's name; and

d. Signature of an authorized representative of the approved sponsor.

3. If contacted for an audit, the licensee shall forward to the board by the date requested a signed affidavit of completion on forms provided by the board and evidence of attendance or participation as provided by the approved sponsor or as documented in the NAB continuing education registry.

D. The board may grant an extension of up to one year or an exemption for all or part of the continuing education requirements due to circumstances beyond the control of the administrator, such as a certified illness, a temporary disability, mandatory military service, or officially declared disasters. The request for an extension shall be submitted in writing and granted by the board prior to the renewal date.

18VAC95-30-80. Late renewal.

A. A person who fails to renew his a license or preceptor registration by the expiration date shall may, within one year of the initial expiration date:

1. Submit the renewal notice or request renewal by mail to the board;

2. Submit the applicable renewal fee and penalty fee;

3. Provide evidence as may be necessary to establish eligibility for renewal.

B. The documents required in subsection A of this section shall be received in the board office within one year of the initial expiration date. Postmarks shall not be considered.

18VAC95-30-91. Inactive licensure.

A. An assisted living facility administrator who holds a current, unrestricted license in Virginia shall, upon a request for inactive status on the renewal application and submission of the required renewal fee, be issued an inactive license.

1. An inactive licensee shall not be entitled to perform any act requiring a license to practice assisted living facility administration or registration to serve as a preceptor in Virginia.

2. The holder of an inactive license shall not be required to meet continuing education requirements, except as may be required for reactivation in subsection B of this section.

B. An assisted living facility administrator who holds an inactive license may reactivate such license by:

1. Paying the difference between the renewal fee for an inactive license and that of an active license for the year in which the license is being reactivated; and

2. Providing proof of completion of the number of continuing competency hours required for the period in which the license has been inactive, not to exceed three years.

18VAC95-30-130. Application package.

A. An application for licensure shall be submitted after the applicant completes the qualifications for licensure.

B. An individual seeking licensure as an assisted living facility administrator or registration as a preceptor shall submit:

1. A completed application as provided by the board;

2. Additional documentation as may be required by the board to determine eligibility of the applicant, to include the most recent survey report if the applicant has been serving as an acting administrator of a facility;

3. The applicable fee; and

4. An attestation that he has read and understands and will remain current with the applicable Virginia laws and the regulations relating to assisted living facilities; and

5. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB).

C. With the exception of school transcripts, examination scores, the NPDB report, employer verifications, and verifications from other state boards, all parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year, after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-30-140. Training qualifications.

A. To be approved as an ALF administrator-in-training, a person shall:

1. Meet the requirements of 18VAC95-30-100 A 1;

2. Obtain a registered preceptor to provide training;

3. Submit the application and Domains of Practice form provided by the board and the fee prescribed in 18VAC95-30-40; and

4. Submit additional documentation as may be necessary to determine eligibility of the applicant and the number of hours required for the ALF AIT program.

B. With the exception of school transcripts, all required parts of the application package shall be submitted at the same time. An incomplete package shall be retained by the board for one year after which time the application shall be destroyed and a new application and fee shall be required.

18VAC95-30-200. Interruption or termination of program.

A. If the program is interrupted because the registered preceptor is unable to serve, the trainee shall notify the board within 10 working days and shall obtain a new preceptor who is registered with the board within 60 days.

1. Credit for training shall resume when a new preceptor is obtained and approved by the board.

2. If an alternate training plan is developed, it shall be submitted to the board for approval before the trainee resumes training.

B. If the training program is terminated prior to completion, the trainee and the preceptor shall each submit a written explanation of the causes of program termination to the board within 10 business days. The preceptor shall also submit all required monthly progress reports completed prior to termination within 10 business days.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Notice of Extension of Emergency Regulation

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-110; adding 18VAC110-20-113).

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

The Governor has approved the request of the Board of Pharmacy to extend the expiration date of the emergency regulation for 18VAC110-20 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through September 27, 2025. This extension is required for the board to continue to meet the mandate of Chapter 628 of the 2022 Acts of Assembly, which addresses pharmacy work environments, and to allow the board to have time to meet and vote on the final permanent amendments. The review period for the proposed stage of the pharmacy working conditions emergency regulations lasted for almost one year. The Board of Pharmacy will vote on final stage regulations at its next board meeting, which is currently scheduled for March 25, 2025. The emergency regulation was published in 40:5 VA.R. 330-332 October 23, 2023.

Effective Date Extended Through: September 27, 2025.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Final Regulation

Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-10, 18VAC155-20-40, 18VAC155-20-50, 18VAC155-20-110 through 18VAC155-20-190, 18VAC155-20-210 through 18VAC155-20-285).

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Effective Date: July 1, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Summary:

The amendments (i) reduce the duration of the experience required for entry into the profession from one year to six months; (ii) reduce the continuing education requirement from eight hours to six hours; (iii) reduce the record retention period for providers of education courses from 10 years to five years; (iv) limit the look-back period for criminal convictions that must be disclosed to three years for any non-marijuana related misdemeanors and 10 years for felonies; (v) eliminate the one-year waiting period for relicensure following a revocation; and (vi) make numerous editorial changes to improve clarity.

Changes to the proposed regulation include (i) further revisions to criminal history disclosure provisions in the entry requirements for licensure, for the renewal and reinstatement of licenses, and to education course applications; (ii) removing a provision that a reinstated license will continue to have the same license number and will be assigned an expiration date two years from the previous expiration date; (iii) restoring prohibition on certain acts; (iv) removing provisions that a plea of nolo contendere is considered a conviction and that the record of conviction received from a court will be accepted as prima facie evidence of a conviction or finding of guilt; and (v) adding forms.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC155-20-10. Definitions.

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

"Board" means the Board for Waste Management Facility Operators.

"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit.

"Class II license" means the authorization from the board to act as a waste management facility operator of a sanitary landfill, an industrial landfill, a construction landfill, or a debris construction/demolition/debris (CDD) landfill.

"Class III license" means the authorization from the board to act as a waste management facility operator of an infectious waste incinerator or autoclave a regulated medical waste management facility.

"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustor combustion unit, a waste-to-energy facility, or an incineration facility.

"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.

"Department" means the Department of Professional and Occupational Regulation.

"Full-time employment" means 1,760 hours per year or 220 work days per year.

"License" means an authorization issued by the board to an individual to practice as a waste management facility operator who meets the provisions of this chapter.

"Municipal solid waste" means that waste that is defined as "municipal solid waste" in 9VAC20-81-10.

"Municipal waste combustor" means a mass burn or a refuse derived fuel incinerator or facility designed or modified for the purpose of noninfectious solid waste combustion.

"Operation" means any waste management facility that is under construction, treating, processing, storing, or disposing of solid waste, or in the act of securing a facility for closure as defined in 9VAC20-81-10.

"Organized program" means a formal learning process designed to permit a participant to learn a given subject or subjects through interaction with an instructor in a formal course, seminar or conference as approved by the board.

"Owner" means the person who owns a solid waste management facility or part of a solid waste management facility.

"Solid waste" means any of those materials identified defined as nonhazardous solid waste in 9VAC20-81-95.

18VAC155-20-40. Fees.

A. All fees are nonrefundable and shall will not be prorated.

B. An application shall is not be deemed complete and shall will not be processed without the required fee.

1. The application fee for licensure shall be is $75.

2. The fee for renewal of licensure shall be is $50.

3. The fee for late renewal of licensure shall be is $75.

4. The fee for reinstatement of licensure shall be is $125.

5. The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the applicant in accordance with this contract.

[ C. All checks ] shall [ must be made payable to the Treasurer of Virginia.

D. C. ] Receipt and deposit of fees submitted with applications do not indicate licensure.

18VAC155-20-50. Change of status.

A. Each licensee shall must provide written notification of any change of address to the department within 30 days.

B. Each licensee shall must provide written notification and proof of any change of name to the department within 30 days.

C. The license issued by the board shall will not be transferred or otherwise reassigned.

18VAC155-20-110. License classification.

A. The applicant shall must apply for at least one classification of license as outlined in this subsection:

1. An individual operating a facility that is defined in 9VAC20-81-10 regulated under Solid Waste Management Regulations (9VAC20-81), as a transfer station, a materials recovery facility receiving mixed waste, an experimental facility, or a composting facility shall, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit must hold a Class I license. An individual who has obtained a Class II, III, or IV license may also operate a facility listed under Class I.

2. An individual operating a facility that is defined in 9VAC20-81-10 as a sanitary landfill, industrial waste landfill, or construction/demolition/debris (CDD) landfill, shall must hold a Class II license.

3. An individual operating a facility regulated under 9VAC20-120, Regulated Medical Waste Management Regulations, shall (9VAC20-121) must hold a Class III license.

4. An individual operating a facility defined in 9VAC5-40-6560 as a municipal waste combustion unit shall or a facility regulated under 9VAC20-81 as a waste-to-energy facility or incineration facility must hold a Class IV license.

B. A licensee may not operate a facility outside of his the licensee's classification other than that defined by subdivision A 1 of this section.

C. An individual operating a solid waste management facility that has been issued a permit by the Department of Environmental Quality but for which the board has not established training and licensure requirements shall hold a Class I license until the board establishes the training and licensing requirements by regulation.

18VAC155-20-120. Qualifications for licensure.

A. Every applicant to the Board for Waste Management Facility Operators for licensure shall must meet the requirements and have the qualifications provided in this subsection.

1. The applicant shall must be at least 18 years of age.

2. Unless otherwise exempt, the applicant shall must have successfully completed a basic training course approved by the board. Additionally, an applicant for a Class II, III, or IV license shall must complete a training course approved by the board specific to the license for which he the individual applies.

3. Unless exempt, the applicant shall must have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.

4. Each applicant shall must document a minimum of one year six months of verified operational experience with a waste management facility of the same class for which he the individual applies. Experience claimed on the application for licensure shall must be verified by the individual's supervisor or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.

5. Applicants certified or licensed as waste management facility operators by governing bodies outside of the Commonwealth of Virginia shall be are considered to be in compliance with this chapter if the board or its the board's designee has determined the certifying system to be substantially equivalent to the Virginia system.

6. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose a conviction, in any jurisdiction, of any non-marijuana misdemeanor within the last three years or felony within the last 10 years. [ Any plea of nolo contendere shall be considered a conviction for the purpose of this subdivision. The record of conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. ] The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

7. The applicant shall must report suspensions, revocations, or surrendering surrender of a certificate or license in connection with a disciplinary action. The applicant shall must report if a license has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction.

B. The board may make further inquiries and investigations with respect to the qualifications of the applicant.

18VAC155-20-130. Application procedures.

Application shall must be made on forms supplied by the department, and application forms shall must be completed in accordance with the instructions on the forms. Failure to provide a complete application and all applicable addenda may result in a denial of approval the application. The failure to provide complete information may be interpreted as misrepresentation and may result in disciplinary action as described in 18VAC155-20-280.

18VAC155-20-140. Examinations.

A. Applicants will be approved to sit for the examination for licensure once all training and experience requirements have been satisfied and documentation pertaining to all other qualifications has been received by the board.

B. An applicant must follow all rules established by the board or by the testing service acting on behalf of the board with regard to the conduct at the examination site. Such rules shall include any written instructions communicated prior to the examination date and any [ oral or written ] instructions given at the site on the date of the exam.

18VAC155-20-160. Procedures for renewal.

A. Licenses issued under this chapter shall expire two years from the last day of the month in which they were the license was issued as indicated on the license.

B. The board will [ mail send ] a renewal notice to the licensee at the address on file with the board outlining the fee and procedures for license renewal. Failure to receive [ written ] notice from the department does not relieve the licensee from the requirement to renew his the license. [ If the license holder fails to receive the renewal notice, a copy of the license may be submitted with evidence of completion of the continuing education requirements and the appropriate fee. ]

C. The date the required fee is received by the department or its the department's agent will be used to determine whether a penalty fee or the requirement for reinstatement of a license is applicable.

D. As a condition of renewal or reinstatement, all individuals holding a license shall be required to must satisfactorily complete eight six hours of continuing education from a provider approved by the board in accordance with the provisions of this chapter, except that no continuing education shall be is required for the first renewal after the issuance of the initial license to an individual.

18VAC155-20-180. Late renewal.

If the renewal fee, as provided for in 18VAC155-20-40 B 2, is not received by the department within 30 days after the expiration date noted on the license, the late renewal fee provided for in 18VAC155-20-40 B 3 shall be is required.

18VAC155-20-190. Reinstatements.

If the licensee fails to renew his the license within six months following the expiration date, the licensee shall will be required to apply for reinstatement of the license. [ The applicant will be required to present reasons that the license was allowed to expire, and the board may grant reinstatement of the license or require requalification or reexamination or both. ] The application fee for reinstatement of a license shall will be the amount provided for in 18VAC155-20-40 B 4. An individual who has not been reinstated within two years after expiration of the license must reapply as a new applicant. The new applicant shall must provide evidence of satisfactory completion of the training course(s) course required by this chapter and shall pass the examination as determined by the board.

18VAC155-20-210. Status of licensure during the period prior to reinstatement.

[ A. Reinstated licenses ] shall [ will continue to have the same license number and ] shall [ will be assigned an expiration date two years from the previous expiration date of the license.

B. A. ] Reinstated licenses shall be are regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated license shall will remain under the disciplinary authority of the board during this entire period and may be held accountable for his any activities during this period.

[ C. B. ] Licenses which that are not renewed or reinstated shall be are regarded as expired from the date of the expiration forward.

[ D. C. ] Nothing in this chapter shall divest divests the board of its authority to take disciplinary action for a violation of the law or regulations during the period of time for which an individual was licensed.

18VAC155-20-220. Education courses.

A. All training and continuing education courses must be completed through accredited colleges, universities, junior and community colleges, Virginia Apprenticeship Council programs, proprietary schools approved by the Virginia Department of Education, or other programs approved by the board.

B. All courses for which credit for pre-license education is sought shall must be related to the operation of the class of waste management facility for which the course is being offered and shall must be approved by the board.

C. All courses for which credit for continuing education is sought shall must be related to the operation of the class of waste management facility for which the course is being offered and may be reviewed by the board.

D. Each provider of a pre-license education course or person submitting a course for continuing education credit shall must submit an application for approval on a form provided by the board. The application shall must include, but is not limited to:

1. The name of the provider;

2. Provider contact person, address, and [ telephone number contact information ];

3. Course contact hours;

4. Schedule of courses, if established, including dates, times, and locations;

5. Course syllabus; and

6. Instructor information, including name, license number if applicable, education and training background, and a list of other appropriate trade designations or training certifications.

18VAC155-20-230. Training records.

An approved training provider shall must retain records for all participants for a period of 10 five years and [ shall must ] maintain a written policy on the retention and release of records. All records pertaining to the approved training and participants shall must be made available to the board immediately upon request.

18VAC155-20-235. Denial or withdrawal of approval.

The board may deny or withdraw the approval of any training or continuing education course for the following reasons:

1. Courses being offered no longer meet the standards established by the board;

2. The course provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way;

3. The course provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the Board for Waste Management Facility Operators board; or

4. The course provider fails to maintain student course completion records for a minimum of 10 five years.

18VAC155-20-280. Grounds for denial of application, denial of renewal, or discipline.

A. The board shall have the authority to may (i) deny an application for and to deny renewal of a license or training course approval, (ii) revoke or suspend the a license or training course approval, [ and or ] (iii) discipline a licensee or an approved training provider who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.

B. Any individual whose license is revoked under this section shall not be eligible to apply for licensure for a period of one year from the effective date of the final order of revocation. After the one-year period, the individual shall must meet all education, examination, experience, and training requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board shall will conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC155-20-285. Prohibited acts.

Any of the following are cause for disciplinary action:

1. Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia, or any provision of this chapter.

2. Obtaining or renewing a license through fraudulent means or misrepresentation.

3. Having been found guilty by the board, an administrative body, or by a court of [ any material ] misrepresentation in the course of performing his operating duties.

4. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that resulted in the [ significant ] harm or the imminent and substantial threat of [ significant ] harm to human health or the environment, there being no appeal pending therefrom, or the time of appeal having elapsed. [ Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction. ]

5. Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the [ significant ] harm or the imminent and substantial threat of [ significant ] harm to human health or the environment.

6. Gross negligence, or a continued pattern of incompetence, in the practice of a waste management facility operator.

7. Violating the permit conditions for the facility, or violating federal, state, or local laws or regulations, which resulted in the [ significant ] harm or the imminent and substantial threat of [ significant ] harm to human health or the environment.

8. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.

[ FORMS (18VAC155-20)

Experience Verification Form, A438-46EXP-v5 (rev. 10/2013)

Examination Site Conduct Agreement Form (rev. 2/2013)

Education Verification Form, A438-46ED (rev. 7/2012)

License Application, A438-4605LIC v10 (rev. 8/2016)

License Application, A438-4605LIC v11 (rev. 7/2025)

Universal License Recognition Application, A438-4605ULR v3 (rev. 7/2025)

Training Course Approval Application, A438-46CRS-v4 (rev. 8/2016) ]

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Notice of Effective Date

Title of Regulation: 20VAC5-340. Rules Governing Shared Solar Program (amending 20VAC5-340-10 through 20VAC5-340-90, 20VAC5-340-110; adding 20VAC5-340-65; repealing 20VAC5-340-100).

Statutory Authority: §§ 12.1-13 and 56-594.3 of the Code of Virginia.

AT RICHMOND, FEBRUARY 10, 2025

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. PUR-2024-00122

STATE CORPORATION COMMISSION

Ex parte: In the matter of amending regulations
governing shared solar programs

ORDER ON RECONSIDERATION

On November 25, 2024, the State Corporation Commission ("Commission") entered an Order Adopting Regulations in this case. On December 12, 2024, the Coalition for Community Solar Access ("CCSA") filed a Petition for Reconsideration and Clarification ("Petition").

CCSA requested the Commission to enter an order that:

Establishes a timeline for initiating initial minimum bill proceedings for Virginia Electric and Power Company d/b/a Dominion Energy Virginia and Appalachian Power Company under the new shared solar rules, such that the minimum bills will be established prior to the statutory tariff filing deadlines of December 1, 2025, and July 1, 2025, respectively;

Replaces the term "date of awarded capacity" with "anticipated installed capacity" in 20VAC5-340-40 F 1; and

Provides additional relief as is reasonable and proper.

On December 13, 2024, the Commission issued an Order Granting Reconsideration that: (1) continued jurisdiction over this matter to consider the Petition; and (2) suspended the Order Adopting Regulations pending the Commission's consideration of the Petition.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds as follows.

First, the Commission notes that it is, concurrently with the instant Order, initiating minimum bill proceedings under the new shared solar rules. Second, the Commission finds that it is appropriate to revise 20VAC5-340-40 F 1 by replacing the term "date of awarded capacity" with "anticipated installed capacity."

Accordingly, IT IS ORDERED THAT:

(1) Regulation 20VAC5-340-40 F 1 is revised as discussed herein.

(2) The November 25, 2024 Order Adopting Regulations is no longer suspended. The regulations adopted therein, including the revision made herein, shall be effective as of February 14, 2025.

(3) The Commission's Division of Information Resources shall forward a copy of this Order to the Office of the Registrar of Regulations for publication in the Virginia Register of Regulations.

(4) On or before February 14, 2025, Dominion Energy Virginia and Appalachian Power Company shall file in this docket, with the Clerk of the Commission, any revised tariff provisions necessary to implement the regulations adopted herein and shall also provide a copy of the document containing the revised tariff provisions to the Commission's Division of Public Utility Regulation. The Clerk of the Commission need not distribute copies but shall make such filings available for public inspection in the Clerk's Office and post them on the Commission's website at scc.virginia.gov/pages/Case-Information.

(5) This docket shall remain open to receive the filings from electric utilities pursuant to Ordering Paragraph (4).

A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.

On November 25, 2024, the State Corporation Commission entered an Order Adopting Regulations in Case No. PUR-2024-00122 adopting final amendments to Rules Governing Shared Solar Program (20VAC5-340). The final regulation was published December 16, 2024, in Volume 41, Issue 9 of the Virginia Register (41:9 VA.R. 1053-1068 December 16, 2024) with an effective date of January 1, 2025. The amendments are necessary to implement Chapters 715, 716, 763, and 765 of the 2024 Acts of Assembly.

On December 13, 2024, the State Corporation Commission, pursuant to Case No. PUR-2024-00122, Order Granting Reconsideration and 5VAC5-20-220, suspended the effective date of the amendments to consider a petition filed on December 12, 2024, by the Coalition for Community Solar Access. The suspension of the regulatory process was published February 10, 2025, in Volume 41, Issue 13 (41:13 VA.R. 1504 February 10, 2025). And, on February 10, 2025, pursuant to Case No. PUR-2024-00122, Order on Reconsideration and 5VAC5-20-220, the commission adopted final text of the rules for 20VAC5-340. The effective date of the regulation is February 14, 2025.

The commissioner has adopted the final text as it was published December 16, 2024, with the following change as shown:

1. For each accepted project in the program queue, the project list shall rank projects primarily by the date of the awarded capacity and secondarily by the date of anticipated substantial completion. Any subscriber organization with a project in the program queue shall notify the utility within 10 days of any reduction in a project's anticipated installed AC capacity or its ability to achieve the anticipated substantial completion date. The utility shall update the list within two business days of any change to the [ date of awarded anticipated installed ] capacity in the program queue, and within 14 business days of any change to the date of substantial completion.

Effective Date: February 14, 2025.

Agency Contact: Matthew Unger, Senior Analyst, Division of Public Utility Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9849, FAX (804) 371-9350, or email matthew.unger@scc.virginia.gov.

TITLE 22. SOCIAL SERVICES

STATE BOARD OF SOCIAL SERVICES

Fast-Track Regulation

Title of Regulation: 22VAC40-295. Temporary Assistance for Needy Families (TANF) (amending 22VAC40-295-10).

Statutory Authority: § 63.2-217 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: April 9, 2025.

Effective Date: April 24, 2025.

Agency Contact: Mark Golden, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385, FAX (804) 726-7357, or email mark.golden@dss.virginia.gov.

Basis: Section 63.2-217 of the Code of Virginia states that the State Board of Social Services shall adopt regulations, not in conflict with Title 63.2 of the Code of Virginia, as may be necessary or desirable to carry out the purpose of that title.

Purpose: The Temporary Assistance for Needy Families (TANF) Program provides cash assistance to eligible needy families that include a minor child living with a parent or caretaker relative. The program is an essential safety net to protect the welfare of citizens.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial because the amendments reduce the regulatory burden without changing the substance of the regulation.

Substance: The amendments include (i) revising definitions and (ii) updating the document incorporated by reference into the regulation.

Issues: Amending the definitions allows for the elimination of several current requirements, which serves as an advantage to the agency and the Commonwealth. It eliminates the need for time and effort by staff to ensure the state complies with the unnecessary requirements. Changing the regulation is advantageous to the public as it will ensure the regulation is reflective of current practice, so program rules are transparent to the public. There are no disadvantages to the agency, the Commonwealth, or the public.

Department of Planning and Budget Economic Impact Analysis:

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 Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The State Board of Social Services (board) proposes to replace references to the Department of Social Services (DSS) child care policy with references to the Department of Education (DOE) child care policy in the regulation governing the Temporary Assistance for Needy Families (TANF) program. This change follows the move of the Child Care Program from DSS to DOE in 2021.

Background. The current regulation defines affordable child care arrangements as the cost of the child care being less than or equal to the payment amounts specified in the Virginia Department of Social Services Child Care Services policy (Volume VII, Section II, Chapter D, Revised February 2000). The board proposes to replace the Virginia Department of Social Services Child Care Services policy (Volume VII, Section II, Chapter D, Revised February 2000) with Appendices E, F, and G of the Virginia Department of Education Child Care Subsidy Program Guidance Manual. The current regulation defines unsuitability of informal child care as a child care arrangement that does not meet the requirements for relative care in the Virginia Department of Social Services Child Day Care Services policy. The board proposes to replace the Virginia Department of Social Services Child Day Care Services policy with Section 5.2 A of the Virginia Department of Education Child Care Subsidy Program Guidance Manual.

Estimated Benefits and Costs: According to DSS, the relevant language in the DOE manual is the same as the relevant language in DSS Child Care Services policy. Thus, the proposed amendments would have no impact beyond helping readers of the regulation find the effective citations.

Businesses and Other Entities Affected. The proposed amendments do not have an effect in practice, but concern the 45,045 children in the Commonwealth that receive subsidized child care through TANF.² The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ The proposed amendments neither increase net cost nor reduce net benefits. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments neither disproportionately affect particular localities, nor effect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments do not affect the use and value of private property or costs related to the development of real estate.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Data source: DSS.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Social Services has reviewed the economic impact analysis prepared by the Department of Planning and Budget and concurs.

Summary:

In response to Executive Order 19 (2022), the amendments (i) revise definitions to clarify which parts of a document being incorporated by reference apply to the regulation; and (ii) update the document incorporated by reference.

22VAC40-295-10. Definitions.

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

"Administrative disqualification hearing" or "ADH" means an impartial review by a hearing officer of an individual's actions involving an alleged intentional program violation for the purpose of rendering a decision of guilty or not guilty of committing an intentional program violation.

"Adoption assistance" means a money payment or services provided to adoptive parents on behalf of a child with special needs.

"Affordable child care arrangements" means the cost of the child care is less than or equal to the payment amounts specified in the Virginia Department of Social Services Child Care Services policy (Volume VII, Section II, Chapter D, Revised February 2000) Appendices E, F, and G of the Virginia Department of Education Child Care Subsidy Program Guidance Manual.

"Application" means a request for financial assistance received by the local social services agency in the format prescribed by the Virginia Department of Social Services.

"Appropriate child care" means child care arranged by the participant or, if the participant cannot arrange for the child's care, child care arranged by the local department of social services with a legally-operating legally operating provider.

"Assistance unit" means those persons who must participate together as a family unit.

"Board" means the State Board of Social Services.

"Caretaker" means the natural or adoptive parent or other relative with whom the child resides who is responsible for supervision and care of the needy child and is the individual to whom the assistance payment is made.

"Child" means a child who is eligible for TANF and has not attained the age of 18 years of age, or if regularly attending a secondary school or in the equivalent level of career and technical education, has not attained the age of 19 years of age and is reasonably expected to complete his senior year of school prior to attaining age 19 years of age.

"Department" means the Virginia Department of Social Services.

"Dependent child" means a child living in the home of a parent or relative.

"Determination of eligibility" means the screening procedure to determine the need for assistance and the amount of the monthly assistance payment.

"Disregard" means income that is not considered when determining eligibility for the TANF program.

"Earned income" means income from wages, salary, commissions, or profit from activities in which an individual is engaged as self-employed.

"Emancipated child" means a minor who has been released from parental care and responsibility by court order.

"Former recipient" means an individual whose case has been closed and is not presently receiving an assistance payment through TANF.

"Gross earned and unearned income" means total income before application of any applicable disregards.

"Hearing officer" means an impartial representative of the Department of Social Services to whom requests for hearings are assigned and by whom they are heard. The hearing officer has been delegated the authority by the Commissioner of the Department of Social Services to conduct and control hearings and to render decisions.

"Income" means all income, both earned and unearned, which that is available or expected to be available to the assistance unit.

"Intentional program violation" or "IPV" means any action by an individual for the purpose of establishing or maintaining the family's eligibility for TANF or TANF service or for increasing or preventing a reduction in the amount of the grant which that is intentionally a false or misleading statement or misrepresentation, concealment or withholding of facts, or any act intended to mislead, misrepresent, conceal or withhold facts, or propound a falsity.

"Local agency" means any one of the local departments of social services.

"Lump sum" means money received in the form of a nonrecurring payment that is treated as income in the month of receipt.

"Minor" means any person who is under the age of 18 years of age.

"Otherwise eligible" means that the individual is not precluded from eligibility by some provision of law or regulation.

"Overpayment" means an assistance payment or the value of services provided by a local department of social services that is greater than the amount to which that the assistance unit is eligible to receive.

"Parent" means a mother or father, married or unmarried, natural or, following entry of an interlocutory order, adoptive.

"Payee" means the person to whom the assistance payment is made payable. In most situations, the caretaker is the payee.

"Protective payee" means an appropriate individual to act for the caretaker in receiving and managing the assistance payment. The protective payee should be someone who is interested and concerned with the welfare of the caretaker and his children.

"Reasonable distance" means that the travel time from the child's home to the child care provider and the work site is generally no more than one hour, based on transportation available to the parent.

"Recipient" means a person whose application for TANF or TANF-UP has been approved and who is currently a member of an eligible assistance unit.

"Recoupment" means withholding all or part of an assistance payment to a current assistance unit for the purpose of repaying a prior overpayment.

"Recovery" means a voluntary or court ordered court-ordered arrangement with a current or former assistance unit for repayment of an overpayment.

"Sanctioned caretaker" means a caretaker whose needs are removed from the grant and who is ineligible for an assistance payment.

"SSN" means social security number.

"Standard of assistance" means the dollar amount, based on the family size, which that has been established by the State Board of Social Services to cover predetermined monthly maintenance needs.

"Temporary Assistance for Needy Families" or "TANF" means the program administered by the Virginia Department of Social Services, through which a relative can receive monthly cash assistance for the support of his eligible children.

"Unearned income" means income that is not earned.

"Unsuitability of informal child care" means that the child care arrangement does not meet the requirements for relative care in the Virginia Department of Social Services Child Day Care Services policy Section 5.2 A of the Virginia Department of Education Child Care Subsidy Program Guidance Manual.

DOCUMENTS INCORPORATED BY REFERENCE (22VAC40-295)

Virginia Department of Social Services Child Care Services Policy, Volume VII, Section II, Chapter D, Revised February 2000.

Child Care Subsidy Program Guidance Manual, Section 5.2 A and Appendices E, F, and G, Virginia Department of Education, effective 8/3/2023.

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Forms

Title of Regulation: 24VAC30-92. Secondary Street Acceptance Requirements.

Agency Contact: Steven Jack, Department of Transportation, 1410 East Broad Street, Richmond, VA 23219, telephone (804) 786-3885, or email steven.jack@vdot.virginia.gov.

FORMS (24VAC30-92)

Secondary Street Acceptance Requirements Exception Form (eff. 5/2024)

2024 Secondary Street Acceptance Requirements Exception, Waiver, or Modification Request Form (rev. 2/2025)