GENERAL NOTICES/ERRATAVol. 28 Iss. 24 - July 30, 2012
ALCOHOLIC BEVERAGE CONTROL BOARD
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control Board conducted a small business impact review of 3VAC5-10, Procedural Rules for the Conduct of Hearing Before the Board and Its Hearing Officers, and determined that this regulation should be retained in its current form. The Alcoholic Beverage Control Board is publishing its report of findings dated May 30, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
The regulation continues to be needed. Hundreds of cases are considered by the board and its hearing officers each year, and procedural rules to bring order to the process are necessary. No complaints or comments were received concerning the regulation from the public. The regulation, while technical, is not particularly complex and it does not overlap, duplicate, or conflict with federal or state law or regulation. It was last reviewed and amended in 2007 and there have not been significant changes in technology, economic conditions, or other factors in the area affected by the regulation.
Contact Information: W. Curtis Coleburn, III, Department of Alcoholic Beverage Control, Chief Operating Officer, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, or email curtis.coleburn@abc.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control Board conducted a small business impact review of 3VAC5-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Alcoholic Beverage Control Board is publishing its report of findings dated May 30, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
The regulation continues to be needed. The board constantly reviews its regulations and promulgates amendments as necessary. No complaints or comments were received concerning the regulation from the public. The regulation, while technical, is not particularly complex and it does not overlap, duplicate, or conflict with federal or state law or regulation. It was adopted in 2008 and there have not been significant changes in technology, economic conditions, or other factors in the area affected by the regulation.
Contact Information: W. Curtis Coleburn, III, Department of Alcoholic Beverage Control, Chief Operating Officer, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, or email curtis.coleburn@abc.virginia.gov.
STATE CORPORATION COMMISSION
Bureau of Insurance
July 1, 2012
Administrative Letter 2012-07
To: All Insurers Licensed to Write Property and Casualty Insurance in Virginia and All Interested Parties
Re: Certificates of Insurance
Note: All insurers receiving this administrative letter are expected to instruct their currently appointed agents to review it and familiarize themselves with its contents. The letter may be accessed through the Bureau of Insurance website at: http://www.scc.virginia.gov/boi/adminlets/index.aspx
In accordance with legislation enacted by the Virginia General Assembly during its 2012 legislative session, (House Bill 867 and Senate Bill 47), the Bureau of Insurance (Bureau) will, effective July 1, 2012, enforce the provisions of a new statute within Title 38.2 of the Code of Virginia relating to certificates of insurance. Virginia Code § 38.2-518 prohibits unfair trade practices relating to the issuance of false or misleading certificates of insurance. The language in § 38.2-518 extends the Bureau's authority to any person involved with the issuance of a false or misleading certificate of insurance, including certificateholders, policyholders, insurers, and insurance producers.
Insurance producers play a pivotal role in preventing violations of this statute, and educating clients is a key factor in resolving issues without intervention from the Bureau. The Bureau suggests that a copy of this administrative letter be given to any client seeking certificates of insurance at the time of renewal, when a new certificate is requested, or any time the insurance producer believes it is appropriate.
While the law makes it clear that a certificate of insurance must accurately reflect the policy of insurance, there is nothing in the law that prohibits consumers from asking insurance producers for broader insurance coverage, terms, or conditions. There also is no prohibition against consumers seeking out other producers or insurers that may be willing to provide the needed insurance coverage, terms, or conditions. These acts do not constitute a violation of this statute.
The Bureau will not become involved in contractual disputes involving quality of work, deadlines, or any other matter with the exception of a documented request for, or issuance of, a certificate of insurance that contains false or misleading information. Consequently, a fully agreed upon legal contract between persons prior to the provision of goods or services requiring specific insurance coverage, terms, or conditions is not a matter for the Bureau.
When a consumer demands that a certificate of insurance with false or misleading information be produced, the insurance producer should take the followings steps:
• Talk to the person about why the demand is a violation of Virginia law and offer to give the person a copy of this administrative letter as confirmation of the law's requirements. Encourage the person to contact the Bureau if he has questions.
• Whenever possible, follow-up any verbal communication with written communication documenting the conversation.
• Save all relevant communications from the person demanding a false or misleading certificate of insurance including letters or emails.
The Bureau cannot investigate complaints without specific information regarding the person who is making the demand for a false or misleading certificate of insurance. Anyone who contacts the Bureau to make a formal complaint should be prepared to provide the information in writing.
The actual text of House Bill 867 and Senate Bill 47, including § 38.2-518, may be accessed via the link below: http://lis.virginia.gov/lis.htm. Questions regarding this administrative letter may be directed to: George Lyle, P&C Consumer Services, Bureau of Insurance, P.O. Box 1157, Richmond, Virginia 23218, (804) 371-9185 (telephone), (804) 371-9349 (FAX).
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
* * * * * *
July 9, 2012
Administrative Letter 2012-08
To: All Insurers Licensed to Write Accident and Sickness Insurance, all Health Services Plans and all Health Maintenance Organizations Licensed in Virginia and all Interested Parties
Re: Summary of Benefits and Coverage and Uniform Glossary
Effective September 23, 2012, subject to certain exceptions identified in the federal law and regulations, all carriers issuing comprehensive major medical coverage are required under the federal Patient Protection and Affordable Care Act (PPACA), to provide to consumers Summary of Benefits and Coverage and Uniform Glossary forms. Links to the prescribed content, format and overall presentation of both forms, along with links to related information concerning the forms' use, may be found on the Centers for Medicare and Medicaid Services' Center for Consumer Information and Insurance Oversight (CCIIO) website at http://cciio.cms.gov/resources/other/index.html#sbcug. All carriers are responsible for reviewing this information and ensuring their ongoing compliance with all applicable requirements associated with the use of these forms.
The purpose of this administrative letter is to provide carriers with guidance and clarification concerning form filing requirements and general regulatory enforcement in Virginia in connection with these forms.
These forms presented in their exact prescribed format and content are exempt from form filing and approval requirements. Therefore, carriers who use these forms with no modifications to their prescribed content and format will not be required to submit them to the Commission for prior approval or filing.
In accordance with Virginia Code § 38.2-3446, the Bureau will, through its market conduct examinations and its investigations of consumer complaints, review carriers' use of these forms to ensure they are being provided to consumers in both manner and format consistent with applicable requirements. Carriers found to have either failed to provide the forms or to have provided forms that are inconsistent in any way with their prescribed format and/or content, will be subject to regulatory action in accordance with Virginia Code §§ 38.2-218 and 38.2-219.
Questions or requests for clarification regarding this letter should be directed to: Mary Ann Mason, Supervisor, Forms and Rates Section, Life and Health Division, telephone (804) 371-9348, or email maryann.mason@scc.virginia.gov.
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
CRIMINAL JUSTICE SERVICES BOARD
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Criminal Justice Services Board conducted a small business impact review of 6VAC20-80, Rules Relating to Certification of Criminal Justice Instructors, and determined that this regulation should be retained in its current form. The Criminal Justice Services Board is publishing its report of findings dated May 23, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
The continued need for this regulation is to ensure compliance of the certification of criminal justice instructors, as required in § 9.1-102 of the Code of Virginia. No comments or complaints were received from the public regarding this regulation. Written as simply as possible, this regulation does not overlap, duplicate, or conflict with federal or state law. This regulation was last reviewed in 2008 and there have been no changes in technology, economic conditions, or other factors that would necessitate an amendment or repeal of this regulation. The agency has determined that this regulation does not need to be amended or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses.
Contact Information: Lisa McGee, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 371-2419, FAX (804) 786-6040, or email lisa.mcgee@dcjs.virginia.gov.
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Criminal Justice Services Board conducted a small business impact review of 6VAC20-90, Rules Relating to Regional Criminal Justice Training Academies, and determined that this regulation should be retained in its current form. The Criminal Justice Services Board is publishing its report of findings dated May 23, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
The continued need for this regulation is to ensure compliance of regional criminal justice training academies, as required in § 9.1-102 of the Code of Virginia. No comments or complaints were received from the public regarding this regulation. Written as simply as possible, this regulation does not overlap, duplicate, or conflict with federal or state law. This regulation was last reviewed in 1998 and there have been no changes in technology, economic conditions, or other factors that would necessitate an amendment or repeal of this regulation. The agency has determined that this regulation does not need to be amended or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses.
Contact Information: Lisa McGee, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 371-2419, FAX (804) 786-6040, or email lisa.mcgee@dcjs.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Restore Water Quality in the Little Otter River Watershed and the Buffalo Creek Watershed
Public meeting: Forest Library, 15583 Forest Road, Forest, VA 24551 - Tuesday, August 14, 2012, from 7 p.m. to 9 p.m.
Directions: From Lynchburg: Take 221 South. The Library is located on the left, approximately 2 miles past the Graves Mill shopping center, between Thomas Jefferson Road and Two Church Lane. From Bedford: Take 221 North for approximately 15 miles. The Library will be located on the right, between Thomas Jefferson Road and Two Church Lane.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces a public meeting to discuss a study to restore water quality in the Little Otter River watershed and the Buffalo Creek watershed.
Description of study: Virginia agencies are working to identify sources of biological impairment (general standard) in the Little Otter watershed and the Buffalo Creek watershed. DEQ's monitoring data indicates that water quality does not support a natural aquatic invertebrate community.
The following is the "impaired" stream, the length of the impaired segment, location, and the reason for the impairment: Johns Creek, 2.13 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Little Otter River, 21.62 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Wells Creek, 3.78 miles, Bedford County, general standard (aquatic invertebrate community); Buffalo Creek, 8.09 miles, Bedford and Campbell Counties, general standard (aquatic invertebrate community).
DEQ, in cooperation with the Virginia Department of Conservation and Recreation and other state and local agencies, is developing a total maximum daily load (TMDL) study 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 amount determined during the TMDL study.
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 September 13, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.
Contact: For additional information or to submit comments, contact Mary Dail, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, or email: mary.dail@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY AND
DEPARTMENT OF CONSERVATION AND RECREATION
Total Maximum Daily Load for the Moores Creek Watershed
The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the revision of a total maximum daily load (TMDL) implementation plan (IP) for the Moores Creek watershed in the City of Charlottesville and Albemarle County. Moores Creek was originally listed as impaired in the 1998 § 303(d) Report for violations of the water quality standard for fecal coliform bacteria. A TMDL for bacteria was developed for Moores Creek and approved by EPA May 2002. A copy of the TMDL is available on DEQ's website at: http://www.deq.state.va.us/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMD
LReports.aspx).
Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. A TMDL IP was completed for Moores Creek in February 2005. In 2012, the Rivanna River Basin Commission (RRBC) was approved to receive EPA Section 319 grant funds to implement the plan subject to approval of the plan by EPA. Following a review by EPA Region III staff, the TMDL IP was found to be ineligible to receive § 319 funding due to failures to: demonstrate expected load reductions from implementation actions, document public participation in IP development, and provide detailed implementation timeline with associated goals and milestones. In order to meet funding eligibility criteria, this implementation plan is undergoing a revision by the RRBC in cooperation with DEQ and DCR.
The draft revised IP will be available for review on the web no later than July 30, 2012, at: http://www.deq.state.va.us/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.
The public comment period for this IP revision will end on Friday, August 31, 2012. Questions or information requests should be addressed to Nesha McRae, DCR. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Conservation and Recreation, 44 Sangers Lane, Suite 102, Staunton, VA 24401, telephone (540) 332-9238, or email nesha.mcrae@dcr.virginia.gov.
STATE BOARD OF HEALTH
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-530, Regulations Governing the Virginia Medical Scholarship Program, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated April 12, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
This regulation is necessary to increase access to quality primary care by Virginia residents in medically underserved areas. Public comments were not received regarding this regulation. The regulation is very straightforward and does not overlap or duplicate other regulations. This regulation was last evaluated in 2009. This regulation is not burdensome to small businesses and, in fact, may be of benefit to the establishment of physician practices (which are small businesses) in Virginia.
Contact Information: Joe Hilbert, Director of Governmental and Regulatory Affairs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone 804-864-7006 or email joe.hilbert@vdh.virginia.gov.
LIBRARY OF VIRGINIA (LIBRARY BOARD)
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Library Board conducted a small business impact review of 17VAC15-120, Regulations Governing the Destruction of Public Records Containing Social Security Numbers, and determined that this regulation should be retained in its current form. The Library Board is publishing its report of findings dated June 20, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.
1. A continued need exists for this regulation. It establishes procedures for the disposal, physical destruction, or other disposition of public records containing social security numbers. It applies only to those records whose retention periods have expired.
2. No complaints were received concerning the regulation from the public during the comment period. In fact, the two commentators clearly argued for the need to prevent the use of and/or eliminate social security numbers from public documents.
3. Virginia is one of 45 states in the country with laws or regulations detailing the proper handling and destruction of public documents containing social security numbers. The regulation is clear and simple to follow. Specifically, 17VAC15-120-10 directs that any record containing social security numbers must be destroyed within six months of the expiration of the records retention period. Documents can be shredded if the records are pulped or incinerated, or baled to be pulped or incinerated, which renders the identifying information "…unreadable or undecipherable by any means." Hard drives may be either overwritten or degaussed. An overwritten hard drive can be used again to store data but a degaussed hard drive is exposed to a strong magnetic field, leaving the hard drive permanently unusable.
4. While there are federal laws like the Health Insurance Portability Accountability Act (HIPAA) and the Family Educational Rights and Privacy Act (FERPA), as well as state regulations like the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq. of the Code of Virginia), that govern the collection, maintenance, use, and sharing of personal information, 17VAC15-120 is the only one that details the destruction of documents with social security numbers once the retention period for the record has expired.
5. Only three years have passed since the regulation governing the elimination of social security numbers from public documents has been in effect (December 23, 2008), and it remains relevant to the paper and electronic documents it was written to address.
6. The Library Board, through examination of the regulation and relevant public comments, has determined that the regulatory requirements minimize the economic impact of these regulations on small businesses since the regulations affect only public records and thereby have only a minimal impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Janice Hathcock, Public Relations Coordinator, The Library of Virginia, 800 East Broad Street, Richmond, VA 23219, telephone (804) 692-3592, FAX (804) 692-3594, or email jan.hathcock@lva.virginia.gov.
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 June 29, 2012. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 N. 9th Street, 2nd Floor, Richmond, VA.
Director's Order Number Fifty-Five (12)
Virginia's Instant Game Lottery 1354; "Monopoly" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Fifty-Seven (12)
Virginia's Instant Game Lottery 1349; "Find The 9'S" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Fifty-Eight (12)
Virginia's Instant Game Lottery 1352; "Double Match" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Fifty-Nine (12)
Virginia's Instant Game Lottery 1345; "Black Gold" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty (12)
Virginia's Instant Game Lottery 1340; "Hit $20,000" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-One (12)
Virginia's Instant Game Lottery 1357; "Black Jack" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-Two (12)
Virginia's Instant Game Lottery 1331; "Hang 10" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-Three (12)
Virginia's Instant Game Lottery 1351; "Flying Aces" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-Four (12)
Virginia's Instant Game Lottery 1348; "Some Like It Hot" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-Five (12)
Virginia's Instant Game Lottery 1355; "10X The Money" Final Rules for Game Operation (effective June 29, 2012)
Director's Order Number Sixty-Nine (12)
"On The Spot Awards" Virginia Lottery Retailer Incentive Program Rules (effective June 29, 2012)
Director's Order Number Seventy (12)
"Retailer Recruitment Incentive Plan" Virginia Lottery Retailer Incentive Program Rules (effective June 29, 2012, and remain in full force and effect until 90 days after the conclusion of the Incentive Program)
STATE WATER CONTROL BOARD
Proposed Consent Special Order for Carter Oaks, LLC
An enforcement action has been proposed for Carter Oaks, LLC for alleged violations at Carter Oaks Subdivision, Section C, Henrico County, VA. The State Water Control Board proposes to issue a consent special order to Carter Oaks, LLC to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 30, 2012, to August 31, 2012.
Proposed Consent Order for King George County Service Authority
An enforcement action has been proposed for King George County Service Authority for violations of the State Water Control Law and Regulations in King George County. The State Water Control Board proposes to issue a consent order resolving violations at the Dahlgren District Waste Water Treatment Plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 31, 2012, through August 31, 2012.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 201 N. 9th Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.
ERRATA
STATE AIR POLLUTION CONTROL BOARD
Title of Regulation: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-310 through 9VAC5-80-350, 9VAC5-80-2250 through 9VAC5-80-2290; adding 9VAC5-80-2310 through 9VAC5-80-2350; repealing 9VAC5-80-2300).
Publication: 28:22 VA.R. 1674-1684 July 2, 2012.
Correction to Final Regulation:
Page 1681, subdivision 2 a of 9VAC5-80-2280, line 4, change "http://www.bls.gov/cpi/home.htm" to "http://data.bls.gov/cgi-bin/surveymost?cu"
VA.R. Doc. No. R12-3210; Filed July 11, 2012, 9:12 a.m.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Title of Regulation: 9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule (adding 9VAC15-60-10 through 9VAC15-60-140).
Publication: 28:21 VA.R 1640-1649 June 18, 2012.
Correction to Final Regulation:
Page 1648, section titled "DOCUMENTS INCORPORATED BY REFERENCE (9VAC15-60)" should be as follows:
[ DOCUMENTS INCORPORATED BY REFERENCE (9VAC15-60)
VA.R. Doc. No. R10-2506; Filed July 19, 2012, 9:05 a.m.
