8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 7 - December 07, 2009

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

Bureau of Insurance

November 16, 2009

Administrative Letter 2009-11

To: All Licensed Title Agents, Title Insurance Companies, and Other Interested Parties

Re: Remittance of Title Premium and Issuance of Title Policy

It has come to the Bureau of Insurance's attention that many title insurance agents are failing to remit premium to insurers and/or to issue corresponding lenders' and owners' title policies to policyholders in a timely manner. We have identified instances where agents have held title premium and failed to issue policies in excess of two years. The purpose of this letter is to remind all licensed title agents of the importance of remitting premium and issuing title policies in a timely manner.

Section 38.2-1813 of the Code of Virginia sets forth the requirements agents must adhere to when handling premiums. Specifically, the law states that funds must be paid to the insurer or other party entitled to payment in the "ordinary course of business." The Bureau considers the ordinary course of business to be equivalent to the length of time specified in the agency contract for remitting premium to the insurer. For example, if the contract provides that the agent must remit premium to the insurer within 30 days of receipt, this would be considered the ordinary course of business, and any payment that occurs after this time period would be a violation of the statute. If the agent's contract is silent on the matter, then the Bureau would expect the agent to remit the funds to the insurer as soon as is reasonably possible. If an agent holds funds for 30 days or more and is unable to provide a valid explanation for why the funds have not been remitted, this could be considered a violation.

The Bureau also expects agents to issue title insurance policies in a timely manner.  This should typically occur at the same time the agent remits the premium to the insurer. Issuing policies in a timely manner ensures all requirements outlined in the title commitment have been met and affords protection to the consumer and lender who have paid premium and are entitled to receive a policy shortly after settlement.

The Bureau will continue to review and investigate any complaints it receives regarding an agent's failure to remit premium and issue policies in accordance with their respective contractual agreements, and it fully expects insurers to notify it when they become aware of any potential violations.

Access to the related Virginia insurance laws, regulations, administrative letters and the Consumer Real Estate Settlement Protection Act statutes may be reviewed at www.scc.virginia.gov/division/boi/webpages/boiadministrativeltrs.htm.

Each organization to whom this letter has been sent should ensure that it is directed to the proper persons, including appointed representatives.

Any questions related to this administrative letter may be directed to: Virginia Bureau of Insurance, Steven Shipman, CRESPA Investigations Section, P.O. Box 1157, Richmond, VA 23218, (804) 371-9465.

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load Study for Pettit Branch, Accomack County

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for Pettit Branch, located in Accomack County, on Monday, December 14, 2009.

The meeting will start at 7 p.m. in the Accomack-Northampton Planning District Commission office located at 23372 Front Street, Accomac, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Pettit Branch (VAT-D02R-01) was identified in Virginia's 1998 303(d) TMDL priority list and report as impaired for not supporting the aquatic life use. The impairment is based on biological monitoring data of the stream's benthic community. Virginia agencies are working to identify the stressors that are affecting the benthic communities in this creek.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL priority list and report and subsequent water quality assessment reports.

During the study, DEQ will develop a Total Maximum Daily Load (TMDL) for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from December 14, 2009, to January 14, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Notice to Restore Water Quality for Upper Rappahannock River

Public meeting: Tuesday, December 15, 2009, at the Richmond County YMCA, 13207 History Land Highway, Warsaw, VA 22572. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing the completion of a study to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: Final public meetings on a study to restore water quality for shellfish growing areas along the Upper Rappahannock River near Tappahannock, Piscataway Creek, Jugs Creek, Little Carter Creek, Garret's Marina, and Mark Haven Beach located in Essex, Richmond, and portions of Northumberland and Westmoreland counties.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of these waterbodies and their tributaries. These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.

Stream	Counties Within Watershed	Area (miles2)	Impairment
Upper Rappahannock River, Piscataway Creek, Little Carter Creek, Jugs Creek	Essex, Richmond, Westmoreland, Northumberland	9.73	Shellfish Use (Fecal Coliform) bacteria
Mark Haven Beach	Essex	0.014
Garret's Marina	Essex	0.029

The study reports the status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, shellfish area condemnations, and the possible sources of bacterial contamination. The study recommends total maximum daily loads (TMDLs) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount. The draft report for the study will be available on December 15, 2009, at https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on January 14, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Virginia Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

Total Maximum Daily Load Studies in Ware Creek, Taskinas Creek, and Skimino Creek; New Kent, James City, and York Counties

The Virginia Department of Environmental Quality will host a public meeting on water quality studies for Ware Creek (New Kent and James City counties), Taskinas Creek (James City County), and Skimino Creek (James City and York counties) on Monday, December 7, 2009.

The meeting will start at 7 p.m. in the James City County Library, 7770 Croaker Road, Cosby Room, Williamsburg, Virginia. The purpose of the meeting is to provide information and discuss the studies with interested local community members and local government.

Ware Creek (VAT-F26E-19) and Taskinas Creek (VAT-F26E-18) were identified in Virginia's 1998 § 303(d) TMDL priority list and report as impaired for not supporting the shellfishing use. The impairments are based on the shellfish harvesting condemnation of Growing Area 50-073 imposed by the Virginia Department of Health-Division of Shellfish Sanitation. Skimino Creek (VAT-F26E-17) was identified in Virginia's 1998 § 303(d) TMDL priority list and report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 50-087 imposed by the Virginia Department of Health-Division of Shellfish Sanitation.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL priority list and report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load (TMDL) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from December 7, 2009, to January 7, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study for Mattawoman Creek, Northampton County

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for Mattawoman Creek, located in Northampton County, on Monday, December 14, 2009.

The meeting will start at 7 p.m. in the Accomack-Northampton Planning District Commission office located at 23372 Front Street, Accomac, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Mattawoman Creek (VAT-C14E-13) was identified in Virginia's 1998 § 303(d) TMDL priority list and report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 86 imposed by the Virginia Department of Health, Division of Shellfish Sanitation.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL priority list and report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from December 14, 2009, to January 14, 2010. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Notice to Restore Water Quality for Mill Creek and Courtney Millpond

Public meeting: Wednesday, December 16, 2009, at the Northumberland Public Library located at 7204 Northumberland Hwy., Heathsville, VA 23473. An afternoon public meeting will be held from 12:30 p.m. to 2:30 p.m. and the evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality for an impaired creek in Northumberland County, a public comment opportunity, and two public meetings.

Meeting description: First public meetings on a study to restore water quality of the recreation/swimming use of nontidal Mill Creek and Courtney Millpond, which are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in Mill Creek. This impairment spans approximately 4 stream miles in Northumberland County. This stream is impaired for failure to meet the recreational (swimming) designated use because of bacterial water quality standard violations.

Stream	County	Impairment Length (mi)	Impairment
Mill Creek	Northumberland	3.94	Recreational (swimming) Use

The study reports the current status of the creek via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination. The study recommends Total Maximum Daily Loads (TMDLs) for the impaired creek. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on January 19, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Virginia Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF FORENSIC SCIENCE

Approved Breath Alcohol Testing Devices

This list of approved breath alcohol testing devices replaces the list published in the Virginia Register (26:4) October 26, 2009.

Statutory Authority: §§ 9.1-1101, 18.2-267 and 18.2-268.9 of the Code of Virginia.

In accordance with 6VAC40-20-90 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following breath test devices are approved for use in conducting breath tests:

1. The Intox EC/IR II with the Virginia test protocol, manufactured by Intoximeters, Inc., St. Louis, Missouri, utilizing an external printer.

2. The Intoxilyzer, Model 5000, CD/FG5 [previously listed as the 768VA], equipped with the Virginia test protocol, simulator monitor, and external printer, manufactured by CMI, Inc., Owensboro, Kentucky.

In accordance with 6VAC40-20-100 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, for evidential breath test devices, mouthpieces that are compatible with the specific testing device are approved as supplies for use in conducting breath tests on approved breath test devices.

In accordance with 6VAC40-20-180 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following devices are approved for use as preliminary breath test devices:

1. The ALCO-SENSOR, ALCO-SENSOR II, ALCOSENSOR III, ALCO-SENSOR IV, and ALCO-SENSOR FST manufactured by Intoximeters, Inc., St Louis, Missouri.

2. The CMI SD 2 and CMI SD 5, manufactured by Lyon Laboratories, Barry, United Kingdom.

3. The INTOXILYZER 400PA, manufactured by CMI, Inc., Owensboro, Kentucky.

4. The LIFELOC PBA 3000*, LIFELOC FC10, LIFELOC FC10Plus and LIFELOC FC20, manufactured by Lifeloc Inc., Wheat Ridge, Colorado. *When used in the direct sensing mode only.

5. The ALCOTEST 6510 and ALCOTEST 6810 manufactured by Draeger Safety Diagnostics, Inc., Durango, Colorado.

DEPARTMENT OF HEALTH

Virginia Physician Loan Repayment Program

The final regulation for implementing the Virginia Physician Loan Repayment Program (12VAC5-508) is in review in the Office of the Governor. This regulation establishes the eligibility criteria for the Virginia Physician Loan Repayment Program for primary care physicians and psychiatrists. It explains that recipients must practice in a designated medically underserved area as identified by the Board of Health, or in a federal Health Professional Shortage Area (HPSA) in Virginia designated by the Health Resources and Services Administration, or at an approved state or local institution. It also sets penalties for a recipient's failure to fulfill the practice requirements of the program.

This regulation is intended to increase access to health care in medically underserved areas of the Commonwealth.  The goal is to reduce the number of medical shortage areas and decrease health disparities in the Commonwealth.

The regulation was last published in the Register of Regulations on December 31, 2001, Volume 18, Issue 8.  The only differences between what was published then and this notice are technical and designed to ensure consistency of language.

The 2000 General Assembly called for the establishment of the Virginia Physician Loan Repayment Program and for emergency regulations to implement the program. The Emergency regulation expired on January 22, 2002. Work on the proposed replacement regulation lapsed in the summer of 2002 and resumed in 2006.  The Board of Health approved the adoption of a final regulation in October 2006. The Secretary of Health and Human Resources approved the regulation on April 3, 2007. While the regulation was undergoing review by the Governor's Office, text changes were recommended by the Office of Attorney General (OAG). In July 2007, the regulations were withdrawn to incorporate text changes requested by the OAG. In April 2009, the Board of Health adopted the final regulations with the technical changes recommended by the OAG; however, the regulation is not yet effective.

All changes are technical, not substantive in nature. The regulation is printed at the end of this general notice.  It is being published again because of the eight year time lapse.

The technical changes are noted in the following table:

Section Number	Requirement at proposed stage	What has changed	Rationale for change
10	No inclusion of "accredited residency."	Inclusion of "accredited residency."	To delineate the criteria for eligibility.
10	N/A	Deletion of "medically underserved area."	Language was redundant.
10	N/A	Deletion of "or an eligible medical student" under the "participant/loan repayment" definition.	Technical change to ensure consistency.
10	N/A	Deletion of "Mental Health, Mental Retardation, and Substance Abuse" under the "State or local institution" definition.	Technical change to ensure consistency.
15	N/A	This section was added and became the "Authority for regulations" section.	Technical change to ensure consistency.
20	N/A	This section became the "General information and purpose of chapter" section.	Technical change to ensure consistency.
30	N/A	This section became the "Compliance with the Administrative Process Act" section. "Article 2" was deleted.	Technical change to ensure consistency.
40	N/A	This section became the "Administration" section.	Technical change to ensure consistency.
50	N/A	This section became the "Eligible applicants" section.  "Or a medical student pursuing a degree as M.D. or D.O". was deleted.  Letters "A,B,C…" delineating the requirements were replaced with numbers.	Technical change to ensure consistency.
60	N/A	This section became "Application requirements and restrictions."	Technical change to ensure consistency.
70	N/A	This section became "Selection criteria" and letters "A,B,C…" delineating the requirements was replaced with numbers. "Etc" was deleted from (5).	Technical change to ensure consistency.
80	N/A	This section became "loan repayment amount."	Technical change to ensure consistency.
90	N/A	This section became "loans qualifying for repayment" and letters "A,B,C…" delineating the requirements were replaced with numbers.	Technical change to ensure consistency.
100	N/A	This section became "payment restrictions"	Technical changes to ensure consistency.
110-160	N/A	Starting with 110 the section became "Release of information" and ended with 160 being renamed as "Compensation during service."	Technical changes to ensure consistency.
170	N/A	This section became "tax implications" and "seek the advice of" was omitted from the section.	Technical changes to ensure consistency.
180	N/A	This section became "monitoring during service" and "e.g., the," "etc." And "participants" were deleted from the section.	Technical changes to ensure consistency.
190-200	N/A	Starting with 190 the section became "Change of practice site" and ended with 200 being renamed as "Terms of Service."	Technical change to ensure consistency.
210	N/A	This section became "conditions of practice" and the language or both were omitted from the section.	Technical change to ensure consistency.
220	N/A	This section became "Loan repayment contract."	Technical change to ensure consistency.
230	N/A	This section became "breach of contract" and the language "or misrepresentation of information" was omitted.  "Document" was omitted in favor of "Documents."	Technical change to ensure consistency.
240	N/A	This section became "Collection procedures" and the language "withholding" was omitted in favor of "withheld."	Technical change to ensure consistency.
250	N/A	This section became "waiver and suspension or both."	Technical change to ensure consistency.
260	N/A	This section became "Cash reimbursement and penalty" and the language "Article 4" was deleted in favor of "Part IV."	Technical change to ensure consistency.
270	N/A	This section became "reporting requirements". The letters and numbers were used for bulleting were transcribed with one another.	Technical change to ensure consistency.

The most recent technical changes recommended by the OAG (2007) are shown below:

Current section number	Proposed new section number, if applicable	Current requirement	Proposed change and rationale
Article 1 - Definitions and General Information			Inclusion of "Accredited residency" definition.
	12VAC5-508-15		Authority for Regulations.
All			Several technical changes have been made within the document to ensure consistency of wording.

Please direct any questions, comments or concerns regarding these regulations by December 21, 2009, to Aileen Harris, M.S.A., Rural Health and Workforce Programs Manager, Virginia Department of Health, Office of Minority Health and Public Health Policy, P.O. Box 2448, Richmond, VA 23218-2448, telephone [phone], or email [e-mail].

The full text of the final regulation is available at:
http://www.vdh.virginia.gov/healthpolicy/policyanalysis/
documents/lrp-general-notice.pdf.

To obtain a paper copy, please contact Aileen Harris at the above address.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on November 13, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Seventy-Nine (09)

Virginia's Instant Game Lottery 1142 "$200,000 Gold Rush" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty (09)

Virginia's Instant Game Lottery 1149 "Classic Cash" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty-One (09)

Virginia's Instant Game Lottery 1153 "Double Latte Cash" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty-Two (09)

Virginia's Instant Game Lottery 1157 "Happy Moo Year" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty-Three (09)

Virginia's Instant Game Lottery 1160 "Triple Fortune" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty-Four (09)

Virginia Lottery Retailer Incentive Program "Farm Fresh Holiday Incentive and 2nd Chance Super Bowl Party Pack Giveaway" Final Rules for Game Operation (effective 11/11/09)

Director's Order Number Eighty-Five (09)

Virginia Lottery Retailer Incentive Program "Be A VIP With The Redskins - Trip Drawings" Final Rules for Game Operation (effective 11/11/09)

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

SAFETY AND HEALTH CODES BOARD

Titles of Regulations: 16VAC25-90. Federal Identical General Industry.

16VAC25-100. Federal Identical Shipyard Employment.

Publication: 26:3 VA.R. 311-312 October 12, 2009.

Correction to Final Regulation:

For the above regulatory action, page 311, the title should have been as follows:

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.95, 16VAC25-90-1910.120, 16VAC25-90-1910.440, 16VAC25-90-1910.1001, 16VAC25-90-1910.1003, 16VAC25-90-1910.1017, 16VAC25-90-1910.1018, 16VAC25-90-1910.1025, 16VAC25-90-1910.1027, 16VAC25-90-1910.1029, 16VAC25-90-1910.1030, 16VAC25-90-1910.1043, 16VAC25-90-1910.1044, 16VAC25-90-1910.1045, 16VAC25-90-1910.1047, 16VAC25-90-1910.1048, 16VAC25-90-1910.1050, 16VAC25-90-1910.1051).

16VAC25-100. Federal Identical Shipyard Employment Standards (amending 16VAC25-100-1915.1001).

Page 312, the "Federal Terms and State Equivalents" chart should have read as follows:

Federal Terms		VOSH Equivalent
29 CFR		VOSH Standard
Assistant Secretary		Commissioner of Labor and Industry
Agency		Department
April 3, 2006		November 15, 2009

VA.R. Doc. No. R10-2145

GOVERNOR'S EXECUTIVE ORDER

Title of Order: Continuing the Commonwealth Consortium for Mental Health/Criminal Justice Transformation.

Publication: 26:5 VA.R. 504 November 9, 2009.

Correction to Executive Order Number 98 (2009):

Executive Order Number 98 (2009) expires on July 1, 2011.