Virginia Register Of Regulations Vol. 5 Iss. 19

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OF REGULATIONS \I' N" -- (.---U ! ·;y/11')"':!QREfERENCEPUBLIC DOCUMENTSDEPARTMENTJUL 1 0 1989VOLUME FIVE ISSUE NINETEENJune 19, 1989Pages2603 Through 2782

VIRGINIA REGISTERThe Virginia Register is an official state publication issuedevery other week throughout the year. Indexes are publishedquarterly, and the last indt:!X 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.ADOPTION, 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 thetext 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. Insuch case, the full text of the regulation will be available forpublic inspection at the office of the Registrar and at the officeof the promulgating agency.Fo11owing 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, lfthe Governor bas 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 Cominittee, 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 shallbe 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 final action is taken.EMERGENCY REGULATIONSIf an agency determines that an emergency situation exists, itthen requests the Governor to issue an emergency regulation. Theemergency regulation becomes operative upon its adoption andfi1ing 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 willbe published as quickly as possible In the Vlrglnla 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). It the agency does not choose to adopt theregulations, the emergency status ends when the prescribed timelimit expires.STATEMENTThe 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 ln January, April, July andOctober for 85 per year by the Virginia Code Commission,General Assembly Building, C.pltol Square, Richmond, VIrginia23219. Telephone (804) 786-3591. Second.Ciass Postage Rates Paidat Richmond, VIrginia. POSTMASTER: Send address changes tothe Virginia Register of Regulations, P .0. Box 3.:AG, Richmond,VIrginia 23208·1108.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 Q! the Virginia Code Commission: Dudley J. Emick,Jr., Chairman, J. Samuel Glasscock, Vice Chairman; Russell M.Carneal; Joseph V. Gartlan, Jr.; John Wingo Knowles; Gail S.Marshall; E. M. Miller, Jr.; Theodore V. Morrison; William F.Parkerson, Jr.; A. L. Philpott.Staff Q! the Virginia Register: Joan W. Smith, Registrar ofRegulations; Ann M. Brown, Deputy Registrar of egulations.

VIRGINIA REGISTER OF REGULATIONSPUBLICATION DEADLINES AND SCHEDULESJuly 1989 through September 1990MATERIAL SUBMITTED BYPUBLICATION DATENoon yJulyJuly31731Aug.Aug.1428Sept. 11Sept. 25236Final Index - Volume 5Volume 6 - 1989-90Sept. .Dec.Nov.Nov.131 · Volume g.1327122 - Volume 6MayMayMayIndex 3 - Volume 6JuneJuneJulyJulyAug.Aug.Jan.9238204181 199013271125822Sept. 5Final Index . Volume 6Sept. 10Sept. 24

TABLE OF CONTENTSPROPOSED REGULATIONSBear. (VR 325-02·2)2686DEPARTMENT OF AGRICULTURE ANDCONSUMER SERVICES (BOARD OF)Deer. (VR 325-02-6)2686Fox. (VR 325-02-8) . .2688Grouse. (VR 325-02-9) . .2689Pheasant. (VR 325-02-16) .2689Quail. (VR 325-02-17) .2689Rabbit and Hares. (VR 325-02-18) .2689Raccoon. (VR 325-02-19)2689Squirrel. (VR 325-02-21)2689Turkey. (VR 325-02-22) .2690Firearms. (VR 325·02-25) . .2690Health Requirements Governing the Admission ofLivestock, Poultry, Companion Animals, and OtherAnimals or Birds into Virginia. (VR 115-02-12) .2607Rules Governing Pseudorabies in Virginia. (VR115-02-16) 2614DEPARTMENT OF CORRECTIONS (STATEBOARD OF)GuideforMinimumStandardsinDesignandConstruction of Jail Facilities. (VR 230-30-005) .2622DEPARTMENT OF CRIMINAL JUSTICESERVICES (BOARD OF)Regulations Relating to Criminal History RecordInformation Use and Security. (VR 240-02-0l) .2636WatercraftAccident and Casualty Reporting. (VR 325-04-4) . 2690BOARD FOR HEARING AID SPECIALISTSBoard for Hearing Aid Specialists Regulations. (VR. 375-01-02) DEPARTMENT OF HEALTH (STATE BOARD OF)2649) DEPARTMENT OF HOUSING AND COMMUNITYDEVELOPMENT (BOARD OF)Being Converted to Condominiums for the Presence2655Pertaining to the Taking of Striped Bass. (VR450-01-0034) nia Statewide Fire Prevention Code/ 1987. (VR394-01-06) 2666Asbestos Survey Standards for Buildings to beRenovated or Demolished. (VR 394-01-7) .2666VIrginia Uniform Statewide Building Code, Volume I,New Construction Code/1987. (VR 394-01-21) .2676DEPARTMENT OF MINES, MINERALS ANDENERGY (DIRECTOR OF THE DIVISION OFMINERAL MINING)Virginia Uniform Statewide Building Code, VolumeII, Building Maintenance Code/1987. (VR 394-01-22)2678Safety and Health Regulation for Mineral Mining.(VR 480-05·1.2) .Crabbing. (VR 450-0l-0036) .2700Closure of All Public Oyster Grounds in the JamesRiver. (VR 450-01-8903) .2700FINAL REGULATIONS2701COMMISSION ON VIRGINIA ALCOHOL SAFETYACTION PROGRAM (V ASAP)DEPARTMENT OF GAME AND INLANDFISHERIES (BOARD OF)Public .Participation Guidelines. (VR 647-01-01) .Definitions and Miscellaneous.Definitions and Miscellaneous. (VR2691MARINE RESOURCES COMMISSIONSurvey Standards for the Inspection of Buildingsof Asbestos. (VR 394-01-03) .Regulations Governing Eligibility Standards andCharges for Medical Care Services. (VR 355-39-01)2701STATE WATER CONTROL BOARD325 01 1).2685Potomac-Shenandoah River Basin Water QualityManagement Plan. (VR 680-16-14) .2703Game.In General. (VR 325-02-l) .2685Vol. 5, Issue 19Monday, June 19, 19892603

Table of ContentsNOTICESEMERGENCY REGULATIONSQE INTENDED REGULATORY ACTIONNotices of Intent .DEPARTMENT OF HEALTH (STATE BOARD OF)2721GENERAL NOTICESNotice of Description of Shellfish AreaCondemnation Number 69B, James River. (VR355·19-02.69) . 2705DEPARTMENT FOR THE AGINGDEPARTMENT OF SOCIAL SERVICES (BOARDOF)Notice of Public Comment Period on 1989-91 StatePlan for Aging Services. .Aid to Dependent Children Unemployed ParentDemonstration (ADC-UP Demo) Project. (VR615-01-15) .COUNCIL ON THE ENVIRONMENT2725Notice of Public Hearing Amending the VirginiaCoastal Resources Management Program. . 27252707STATE CORPORATION COMMISSIONBOARD OF HOUSING AND COMMUNITYDEVELOPMENTORDERSNotice of Grant Program. .Underground Storage Tank Owners and OperatorsGroup Self-insurance Pools. (INS890261) .2710DEPARTMENT OF HOUSING AND COMMUNITYDEVELOPMENTFor Authority to Reduce the Free Call Allowancefor Directory Assistance Call. (PUC890025) .2718Standards Governing Operating of Individual andRegional Code Academies. .GOVERNOR27262727DEPARTMENT OF LABOR AND INDUSTRYGOVERNOR'S COMMENTSNotice to Study Public-Supported Training Programfor Boiler Plant Personnel. . 2730DEPARTMENT FOR THE DEAF ANDHARD-OF -HEARINGPublic Participation Guidelines. (VR 245-01-01)Regulations Governing Eligibility Standards andApplication Procedures for the Distrbution ofTelecommunications Equipment. (VR 245-02-01) .27202720DEPARTMENT OF MEDICAL ASSISTANCESERVICES (BOARD OF)Payroll Deductions and Forfeiture of Wages. (88-21)2730Discharge of Employee for Work-Related Injury.(89-6) .2734Procedures for Assessment of Civil Money Penaltyfor Violations of the Virginia Payment of Wage Law.(89·5) .2738STATE MILK COMMISSIONState Plan for Medical Assistance Relating toContinued Eligibility for Pregnant Women. (VR460-02·2.6100) .2720NOTICE TO STATE AGENCIESHome and Community Based care Services forElderly and Disabled Individuals. (VR 460-04-8.4) .2720Forms for filing material on date for publication inthe Virginia Register of Regulations .Notice of Public Hearing. .DEPARTMENT OF SOCIAL SERVICES (BOARDOF)27522752ERRATADEPARTMENT OF SOCIAL SERVICESAid to Dependent Children · Unemployed ParentDemonstration (ADC-UP Demo) Project. (VR615-02-15) .2720Child Protective Services Client Appeals. (VR615-45 . 02) .2720General Procedures and Information for Licensure.(VR 615-30-Ql, VR 175-03-01) .GENERAL NOTICES/ERRATAVirginia Register of Regulations26042752

Table of ContentsCALENDAR OF EVENTSEXECUTIVEOpen Meetings and Public Hearings .2753LEGISLATIVEOpen Meetings and Public Hearings .2777CHRONOLOGICAL LISTOpen Meetings . ,.Public Hearings .27782780Vol. 5, Issue 19Monday, June 19, 19892605

Table of ContentsVirginia Register of Regulations2606

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.DEPARTMENT OF AGRICULTURE AND CONSUMERSERVICES (BOARD OF)accordance with applicable state and federal regulationsand from which no swine may be released except directlyto another approved slaughter market, or to a recognizedslaughter establishment for immediate slaughter.J'itle of Regulation: VR 115-02-12. Health RequirementsGoverning the Admission ol Livestock, Poultry,Companion Animals, and Other Animals or Birds IntoVirginia."Breeder swine" means any swine used or intended tobe used for reproductive purposes.Statutorv Authority: §§ 3.1-726 and 3.1-730 ol the Code olVirginia."Dogs" means all domestic and wild members of thedog family (canidae).Public Hearing Date: September 26, 1989 - 2 p.m.(See Calendar ol Events sectionfor additional information)"Farm of origin" means a farm on which the affectedswine was born, or on which It has resided for at least 90consecutive days immediately prior to shipment.Summary:Feeder pig" means any immature swine used tor orintended to be used exclusively for feeding for slaughter.11The proposed regulations would establish a program inVirginia for the eradication of pseudorabies in swine.Pseudorabies is a disease that causes high death lossesin young pigs. The proposed regulations will supersedeemergency regulations establishing testing requirementsfor feeder pig production herds. Both emergency andproposed regulations are prompted by a national driveto rid swine of pseudorabies. The national programrequires increasingly strict standards of states thatwant to be designated free of pseudorabies. Thenational program requires that a state have authorityto carry out the program. The proposed regulationswould give that authority.The department also proposed deleting abusiness-inhibiting requirement in this regulationrequiring health certificates for animals enteringVirginia from other states to bear the endorsement ofthe chief livestock health official of the state of origin.VR 115-02-12. Health Requirements Governing theAdmission of Livestock, Poultry, Companion Animals, andother Animals or Birds Into Virginia.§ I. D-efinitions."Hatching eggs" means chicken eggs and turkey eggswhich are, or which are intended to be, used for hatchingpurposes.11Horses" means all horse like animals, embracing allmembers of the equine species including ponies, theasinine species, and burros. It also includes the hybridoffspring of the equine and asinine species by whatevername they may be known, such as mules, hinnies, anddonkeys."Monkeys" means all monkeys and other primates, suchas lemurs, marmosets, chimpanzees, and other apes."Official pseudorabies serologic test" means an officialpseudorabies test conducted on swine serum to detect thepresence or absence of pseudorabies antibodies."Official pseudorabies test" means any test for thediagnosis of pseudorabies approved by the United StatesDepartment of Agriculture conducted in an approvedlaboratory./(Poultry" means chickens and turkeys of all varietiesand of all ages.The following words and terms, when used in theseregulations, shall have the following meaning, unless thecontext clearly indicates otherwise:"Approved laboratory" means a laboratory approved bythe United States Department of Agriculture or the StateVeterinarian to conduct official pseudorabies tests."Approved slaughter market" means a livestock marketapproved by the United States Department of Agriculturewhere shipments of slaughter swine only are permitted in"Permit" means an official document issued for andprior to the interstate shipment of any livestock, poultry,companion animals, and other animals or birds intoVirginia."Pseudorabies" means the contagious, infectious, andcommunicable viral disease of livestock and other animalsalso known as Aujeszky's disease, mad itch or infectiousbulbar paralysis.Monday, June 19, 1989Vol. 5, Issue 192607

Proposed Regulations"Pseudorabies monitored herd" means a feeder pigproduction herd that has been tested according to theprovisions of § 2 C (1) of VR 115-02-16, "Rules andRegulations Governing Pseudorabies in Virginia."D. The requirements for the importation ofother animals, poultry and other birds forpurposes shall be the same as the requirementsthe admission of such animals and birds forlivestock,exhibitiongoverningbreedingpurposes, unless specific exceptions are made hereinafter."Psittacine birds" means parrots, cockatoos, parakeets,and budgerigars."Qualified pseudorabies negative herd" means a swineherd that satisfies the provisions of § 2 D (1), (2), (3) ofVR 115-02-16, Rules and Regulations GoverningPseudorabies in Virginia.""Recognized slaughter establlshment" means a slaughterestablishment operated under state or federal inspection.§ 2. Official health certificates.A. No livestock, other animals, poultry, or other birds, ofany species, that are affected with or that have beenexposed to any infectious or contagious disease shall beimported into Virginia except by special approval by theState Veterinarian.B. All livestock, other animals, poultry, or other birdsimported into Virginia, except for immediate slaughter,shall be accompanied by an official health certificate,whi

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

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