Virginia Register Of Regulations Vol. 11 Iss. 1
c51JISTEKVADOCVOLUME ELEVEN ISSUE ONEOctober 3, 1994IPages 1 Through 164
VIRGINIA REGISTERThe Virginia Register is an official state publication issuedevery other week throughout the year. Indexes are publishedquarterly, and the last index of the year is cumulative.The Virginia Register has several functions. The full text of allregulations, both as proposed and as finally adopted or changedby amendment are required by law to be published in theVirginia Register of Regulations.In addition, the Virginia Register isa source of otherinformation about state government, including all EmergencyRegulations issued by the Governor, and Executive Orders, theVirginia Tax Bulletin issued periodically by the Department ofTaxation, and notices of all public hearings and open meetings ofstate agencies.be after the expiration of the twenty-one day extension period; or(ii) the Governor exercises his authority to suspend the regulatoryprocess for solicitation of additional public comment, in whichevent the regulation, unless withdrawn, becomes effective on thedate specified which date shall be after the expiration of theperiod for which the Governor has suspended the regulatoryprocess.Proposed action on regulations may be withdrawn by thepromulgating agency at any time before the regulation becomesfinal.EMERGENCY REGULATIONStext of the proposed regulations.Under the provisions of the Administrative Process Act, theRegistrar has the right to publish a summary, rather than the fulltext, of a regulation which is considered to be too lengthy. InIf an agency determines that an emergency situation exists, itthen requests the Governor to issue an emergency regulation. Theemergency regulation becomes operative upon its adoption andfiling with the Registrar of Regulations, unless a later date isspecified. Emergency regulations are limited in time and cannotexceed a twelve-months duration. The emergency regulations wiUbe published as quickly as possible in the Virginia Register.During the time the emergency status is in effect, the agencymay proceed with the adoption of permanent regulations throughthe usual procedures (See "Adoption, Amendment, and Repeal ofRegulations," above). If the agency does not choose to adopt tileregulations, the emergency status ends when the prescribed timelimit expires.such case, the full text of the regulation will be available forpublic inspection at the office of the Registrar and at the officeSTATEMENTADOPTION, AMENDMENT, AND REPEAL OF REGULATIONSAn agency wishing to adopt, amend, or repeal regulations mustfirst publish in the Virginia Register a notice of proposed action;a basis, purpose, impact and summary statement; a notice givingthe public an opportunity to comment on the proposal, and theof the promulgating agency.Following publication of the proposal in the Virginia Register,sixty days must elapse before the agency may take action on theproposal.During this time, the Governor and the General Assembly willreview the proposed regulations. The Governor will transmit hiscomments on the regulations to the Registrar and the agency andsuch comments will be published in the Virginia Register.Upon receipt of the Governor's comment on a proposedregulation, the agency (i) may adopt the proposed regulation, ifthe Governor has no objection to the regulation; (ii) may modifyand adopt the proposed regulation after considering andincorporating the Governor's suggestions, or (iii) may adopt theregulation without changes despite the Governor'srecommendations for change.The appropriate standing committee of each branch of theGeneral Assembly may meet during the promulgation or finaladoption process and file an objection with the Virginia Registrarand the promulgating agency. The objection will be published inthe Virginia Register. Within twenty-one days after receipt by theagency of a legislative objection, the agency shall file a responsewith the Registrar, the objecting legislative Committee, and theGovernorWhen final action is taken, the promulgating agency must againpublish the text of the regulation, as adopted, highlighting andexplaining any substantial changes in the final regulation. Athirty-day final adoption period will commence upon publication inthe Virginia Register.The Governor will review the final regulation during this timeand if he objects, forward his objection to the Registrar and theagency. His objection will be published in the Virginia Register. Ifthe Governor finds that changes made to the proposed regulationare substantial, he may suspend the regulatory process for thirtydays and require the agency to solicit additional public commenton the substantial changes.A regulation becomes effective at the conclusion of thisthirty-day final adoption period, or at any other later datespecified by the promulgating agency, unless (i) a legislativeobjection has been filed, in which event the regulation, unlesswithdrawn, becomes effective on the date specified, which shallThe foregoing constitutes a generalized statement of theprocedures to be followed. For specific statutory language, it issuggested that Article 2 of Chapter 1.1:1 (§§ 9-6.14:6 through9-6.14:9) of the Code of Virginia be examined carefully.CITATION TO THE VIRGINIA REGISTERThe Virginia Register is cited by volume, issue, page number,and date. 1:3 VA.R. 75-77 November 12, 1984 refers to Volume 1,Issue 3, pages 75 through 77 of the Virginia Register issued onNovember 12, 1984."The Virginia Register of Regulations" (USPS-001831) ispublished bi-weekly, except four times in January, April, July andOctober for 100 per year by the Virginia Code Commission,General Assembly Building, Capitol Square, Richmond, Virginia23219. Telephone (804) 786-3591. Second-Class Postage Rates Paidat Richmond, Virginia, POSTMASTER: Send address changes tothe Virginia Register of Regulations, 910 Capitol Street, 2nd Floor,Richmond, Virginia 23219.The Virginia Register of Regulations is published pursuant toArticle 7 of Chapter 1.1:1 (§ 9-6.14:2 et seq.) of the Code ofVirginia. Individual copies are available for 4 each from theRegistrar of Regulations.Members Q1 the Virginia Code Commission: Joseph V. Gartlan,Jr. , Chairman, W. Tayloe Murphy, Jr., Vice Chairman; RussellM. Carneal; Bernard S. Cohen; Frank S. Ferguson; E. M. Miner,Jr.; Theodore V. Morrison, Jr.; William F. Parkerson, Jr.;Jackson E. Reasor, Jr.Staff Q1 the Virginia Register: Joan W. Smith, Registrar ofRegulations; Jane D. Chaffin, Assistant Registrar of Regulations.
VIRGINIA REGISTER OF REGULATIONSPUBLICATION DEADLINES AND SCHEDULESJuly 1994 through September 1995PUBLICATION DATEMATERIAL SUBMITTED BYNoon \t/ednesdayVolume lQ22, 1994July6July 203Aug.Aug. 17Aug.31Final Index - Volume 10JuneJulyJulyAug.11, 1994258Aug.225Sept. 19Sept.Volume l iOct.Oct.Oct.Nov.Nov.Dec.Dec.3, 199417311428122621, 19944, 199518115Mar.1Index 2 - Volume 11Jan.Jan.Feb.Feb.Mar.Mar.9, 199523620620Mar.15, 199529April 12April 26May10May247JuneIndex 3Volume 11April 3, 1995April 17May1May15May29JuneJune1226JuneJulyJuly10, 199524Sept.14, 1994Sept. 281226Nov.9Nov.23Dec.7Index 1 - Volume 11Oct.Oct.Dec.Jan.Jan.Feb.Feb.Mar.21, 1995519Aug.2Aug.16Aug. 30Final Index - Volume 11JulyJulyAug.7Aug.21Sept.4Sept. 18
TABLE OF CONTENTSNOTICES OF INTENDED REGULATORYACTIONNotices of Intent . ····· . 5PROPOSED REGULATIONSBOARD FOR COSMETOLOGYBOARD FOR WASTE MANAGEMENT FACILITYOPERATORSBoard for Waste Management Facility Operators LicensingRegulations. (VR 674-01-02) . 88MARINE RESOURCES COMMISSIONEMERGENCY REGULATIONBoard for Cosmetology Regulations (REPEALING).(VR 235-0l-02) . 6Pertaining to Grey Trout (Weal iish). (VR450-01-0050) . 105Nail Technician Regulations (REPEALING). (VR235-01-03) . ········ . 6FINAL REGULATIONSBoard for Cosmetology Regulations. (VR 235-01-02:1). 6Pertaining to Gill Nets. (VR 450-01-0092) . 106Pertaining to Crab Pots. (VR 450-01-0093) . 106DEPARTMENT OF GAME AND INLANDFISHERIES (BOARD OF)GOVERNORGame: Waterfowl and Waterfowl Blinds. (VR325-02-24) . 25STATE COUNCIL OF HIGHER EDUCATION FORVIRGINIAPublic Participation Guidelines. (VR 380-01-00) . 27GOVERNOR'S COMMENTBOARD FOR WASTE MANAGEMENT FACILITYOPERATORSBoard for Waste Management Facility OperatorsLicensing Regulations. (VR 674-01-02) . 108REAL ESTATE BOARDVirginia Real Estate Board Licensing Regulations.(VR 585-01-1) . 30THE LEGISLATIVE RECORDHJR 224: Joint Subcommittee Studying AlternativeStrategies for Assisting Tobacco Farmers . . 109FINAL REGULATIONSSTATE AIR POLLUTION CONTROL BOARDRegulations for the Control and Abatement of AirPollution (Revision HH - Rule 5-6, RegulatedMedical Waste Incinerators) (SUSPENSION OFEFFECTIVE DATE). (VR 120-01) . 48HJR 185: Joint Subcommittee to Study Witness andJuror Protection Programs . . 112HJR 280: Select Subcommittee to Study Abuses inthe Proffer Zoning System. . . 113HJR 66: Joint Subcommittee to Study Privacy,Confidentiality and Mandatory· Disclosure Laws . . 113MILK COMMISSIONRules and Regulations for the Control, Regulationand Supervision of the Milk Industry (§ 8 D 4 1).(VR 475-02-02) . 48Rules and Regulations for the Control, Regulationand Supervision of the Milk Industry in Virginia.(VR 475-02-02) . 48DEPARTMENT OF REHABILITATIVE SERVICESProvision of Vocational Rehabilitation Services. (VR595-01-1) . 65Vol. 11, Issue 1Joint Subcommittee Studying Abandoned Solid orHazardous Waste Sites . . 115Local Government Subcommittee Studying HouseBill 1088: Richmond Metropolitan Government. . 116SJR 17: Joint Subcommittee Studying Privatizationof Certain State Government Functions. . . 117HJR 9: Clean Fuels Study Subcommittee . 117HJR 143: Joint Subcommittee Studying the VirginiaConsumer Protection Act. . 118Monday, October 3, 1994
Table of ContentsAir Pollution Control Board. . 131SCHEDULES FOR COMPREHENSIVEREVIEW OF REGULATIONSVirginia Waste Management Board . . 131Department of Agriculture and Consumer Services. . 121State Water Control Board . 131Department of Education. . 123Department of Game and Inland Fisheries. . 133Department of Health Professions . 124Department of Historic Resources. . 133Audiology and �· ················ 124Marine Resources Commission . . 133Board ofPathology.College of William and Mary . 134Board of Dentistry. . 124Department of Youth and Family Services . 134Board of Funeral Directors and Embalmers. . . 124Board of Health Professions . 124GENERAL NOTICES/ERRATABoard of Medicine . . 124DEPARTMENT OF ALCOHOLIC BEVERAGECONTROL (ALCOHOLIC BEVERAGE CONTROLBOARD)Board of Nursing . 124Board of Nursing Home Administrators. . . 124Notice to the Public to Receive Comments andSuggestions Concerning the Adoption, Amendment orBoard of Optometry. . 124Repeal of Board Regulations . 135Board of Pharmacy . 125STATE BOARD OF HEALTHBoard of Professional Counselors. . 125LegalNoticeofOpportunitytoCommentonBoard of Psychology . 125Proposed StateAdministration ofPlan of Operations andSpecial Supplemental FoodBoard of Social Work. . 125Program for Women, Infants, and Children (WIC)for Federal Fiscal Year 1995 . 135Board of Veterinary Medicine . . 125DEPARTMENT OF LABOR AND INDUSTRYState Council of Higher Education for Virginia . . 125Notice to the Public Concerning Cargo Handling andDepartmentDevelopment.ofHousingandRelated Activities Conducted Aboard Vessels and atCommunityMarine Terminals. . . �·········· 125Manufactured Housing Board. . 126VIRGINIA CODE COMMISSIONDepartment of Labor and Industry . 126Notice of mailing address. . 137State Milk Commission . 127Forms for filing material on dates for publication . 137Department of Mines, Minerals and Energy . . 128Statement of Ownership, Management, andCirculation . . 138Agencies of the Natural Resources Secretariat . 129Chesapeake Bay Local Assistance Board . 130CALENDAR OF EVENTSDepartment of Conservation and Recreation. . 130EXECUTIVEBoard of Conservation and Recreation. . . 130Open Meetings and Public Hearings . 139Virginia Soil and Water Conservation Board . 130LEGISLA T!VEDepartment of Environmental Quality . 131Open Meetings and Public Hearings . 161Virginia Register of Regulations2
Table of ContentsCHRONOLOGICAL LISTOpen Meetings . 162Public Hearings . 164Vol. 11, Issue 1Monday, October 3, 19943
Table of ContentsVirginia Register of Regulations4
NOTICES OF INTENDED REGULATORY ACTIONSymbol Key tIndicates entries since last publication of the Virginia RegisterDEPARTMENT OF SOCIAL SERVICES (STATE BOARDOF)BOARD FOR ACCOUNTANCYNotice of Intended Regulatory ActionNotice of Intended Regulatory ActionNotice is hereby given in accordance with this ageny'spublic participation guidelines that the Board forAccountancy intends to consider amending regulationsentitled: VR 105-01-2. Board lor Accountancy Regulations.The purpose of the proposed action is to modify § 2.1,Qualifications for certification. The board intends to hold apublic hearing on this matter. The date, time and locationof the hearing will be published at a later date.Written comments may be submitted until October 20,1994.Notice is hereby given in accordance with this agency'spublic participation guidelines that the State Board ofSocial Services intends to consider promulgating regulationsentitled: Discretionary Provisions of the VirginiaIndependence Program. The purpose of the proposedregulation is to implement the discretionary provisions ofthe Virginia Independence Program. Chapter 951 of the1994 Acts of Assembly provides the basis for the VirginiaDepartment of Social Services to implement the VirginiaIndependence Program. The agency does not intend tohold a public hearing on the proposed regulation afterpublication.Contact: Nancy Taylor Feldman, Assistant Director, Boardfor Accountancy, 3600 W. Broad St., Richmond, VA23230-4917, telephone (804) 367-8590.Statutory Authority: §§ 63.1-25, 63.1-133.46, 63.1-133.4 7,63.1-133.49, 63.1-133.51 and 63.1-133.55 of the Code ofVirginia.Statutory Authority: § 54.1-201 of the Code of Virginia.VA.R. Doc. No. R94-2630; Filed August 30, 1994, 11:59 a.m.Written comments may be submitted until October 5, 1994,to Tom Steinhauser, 730 East Broad Street, Richmond,Virginia 23219.DEPARTMENT OF CRIMINAL JUSTICE SERVICES(CRIMINAL JUSTICE SERVICES BOARD)tContact: Richard Martin, Policy Analyst Senior,Department of Social Services, 730 E. Broad St.,Richmond, VA 23219, telephone (804) 692-1825.Notice of Intended Regulatory ActionNotice is hereby given in accordance with this agency'spublic participation guidelines that the Criminal JusticeServices Board intends to consider amending regulationsentitled: VR 240-03-2. Regulations Relating to PrivateSecurity Services. The purpose of the proposed action isto incorporate and implement legislative mandates of the1994 General Assembly relating to private securityservices. The board intends to conduct a public hearing inthe spring of 1995 to hear and consider recommendationsconcerning the proposed amendments.VA.R. Doc. No. R94-ll85; Filed August 16, 1994, 12:54 p.m.Statutory Authority: § 9-182 of the Code of Virginia.Written comments may be submitted until November 2,1994, to L.T. Eckenrode, Department of Criminal JusticeServices, P.O. Box 10110, Richmond, Virginia 23240-9998.Contact: Paula Scott, Administrative Assistant, Departmentof Criminal Justice Services, 805 E. Broad St., Richmond,VA 23219, telephone (804) 786-8730.VA.R. Doc. No. R95-16; Filed September 14, 1994, 11:52 a.m.Monday, October 3, 1994Vol. 11, 1ssue 15
PROPOSED REGULATIONSFor information concerning Proposed Regulations, see information page.Symbol KeyRoman type indicates existing text of regulations. Italic type indicates proposed new text. Language which hasbeen stricken indicates proposed text for deletion.barber licensing examination. The proposed regulationswould extend this same courtesy to licensed barbers.BOARD FOR COSMETOLOGYThere are numerous changes proposed that incorporatecurrent board policy into regulatory language, such asallowing an apprenticeship program for nail technicians orissuing a temporary permit to individuals reinstating whoare required to sit for the examination.Title Qf Regulation: VR 235-01-02. Board lor CosmetologyRegulations (REPEALING).Title Qf Regulation: VRRegulations (REPEALING).235-01-03.NailTechnicianThe proposed regulations modify the required curriculumof, as well as other requirements for, nail and cosmetologyschools. The licensure requirements for both nailtechnician and cosmetology instructors are also adjusted.These modifications are recommended to assure studentcompetency and protect public welfare.Title Qf Regulation: VR 235-01-02:1. Board for CosmetologyRegulations.Statutory Authority: §§ 54.1·201 and 54.1-1202 B of theCode of Virginia.Public Hearing Date: November 7, 1994 · 10 a.m.Written comments may be submitted until December3, 1994.(See Calendar of Events sectionfor additional information)The Board for Cosmetology is proposing to eliminate theirexisting late renewal period which is confusing forregulants. The board is proposing a 30-day grace periodfor renewal and a five-year reinstatement period. Aftertwo years of the five-year reinstatement period, the boardmay require individuals to retake any or all of thecosmetology or nail technician examination. Such graceand reinstatement periods are consistent with otherlicensing programs in Virginia.Basis: Sections 54.H200 through 54.1-1207 of the Code ofVirginia provide that the Board of Cosmetology shalldevelop and administer a regulatory system to licensepersons in Virginia who practice cosmetology forcompensation.Issues: Issues consid
Index 1 -Volume 11 Dec. 21, 1994 Jan. 9, 1995 Jan. 4, 1995 Jan. 23 Jan. 18 Feb. 6 Feb. 1 Feb. 20 Feb. 15 Mar. 6 Mar. 1 Mar. 20 Index 2 -Volume 11 Mar. 15, 1995 April 3, 1995 Mar. 29 April 17 April 12 May 1 April 26 May 15 May 10 May 29 May 24 June 12 June 7 June 26 Index 3 Volume 11 June 21, 1995 July 10, 1995
Menschen Pagina 20 Schritte international Neu Pagina 22 Motive Pagina 24 Akademie Deutsch Pagina 25 Starten wir! Pagina 26 Themen aktuell Pagina 28 em neu Pagina 29 Sicher! Pagina 30 Vol A1 1 Vol A1 Vol 1 Vol 1 2 Vol unico Vol 1 Volume 1 Volume 1 Vol 1 Vol 1 1 Vol A1 2 Vol 2 Vol 1 2 Vol A2 1 Vol A2 Vol 3 Vol
Akenson, Donald Harman Vol 8: 10 Alan, Radous, at Agincourt Vol 12: 1 Albert, King Vol 7: 45, 47 Albert, Prince Vol 12: 17; Vol 14: 1 Alden, John Vol 5: 34; Vol 9: 18 Alexander III Vol 13: 24 Aleyn, John, at Agincourt Vol 12: 1 Allen, Pat Vol 10: 44 Alling Vol 4: 26 Amore, Shirley Vol 12: 3 Anderson, Robert Vol 10: 46 Anderson, Virginia DeJohn .
The Virginia Register is cited by volume, issue, page number, and date. 1:3 VA.R. 75·77 November 12, 1984 refers to Volume I, Issue 3, pages 75 through 77 of the Virginia Register issued on November 12, 1984. "The Virginia Register of Regulations" is published bi-weekly, except
Code of Virginia be examined carefully. CITATION TO THE VIRGINIA REGISTER The Virginia Register is cited by volume, issue, page number, and date. 12:8 VA.R. 1096-1106 January 8, 1996, refers to Volume 12, Issue 8, pages 1096 through 1106 of the Virginia Register issued on January 8, 1996. "THE
REGISTER OF REGULATIONS DELAWARE REGISTER OF REGULATIONS, VOL. 25, ISSUE 2, SUNDAY, AUGUST 1, 2021 113 The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed,
The Virginia Register is cited by volume, issue, page number, and date. 1:3 '· VA.R. 75-77 November 12, 1984 refers to Volume 1, Issue 3, pages 75 through 77 of the Virginia Register issued on November 12, 1984. !ka!l.l! 2! Ruulatlou. Published bl·week1y, with an Index
VIRGINIA REGISTER The Virginia Register is an official state publication issued every other week throughout the year. Indexes are published . ENERGY (DIRECTOR OF THE DIVISION OF MINERAL MINING) Safety and Health Regulation for Mineral Mining. (VR 480-05·1.2) . 2701 COMMISSION ON VIR
Virginia Agriculture in the Classroom Virginia Association of Science Teachers Virginia Junior Academy of Science Virginia Master Naturalist Program (Virginia Cooperative Extension/Virginia Tech) WHRO Public Media Vernier Software & Technology Virginia Transportation
