StyleManual.html

PART I.
GENERAL PROVISIONS.

Article 1.
Purpose and Applicability; Additional Requirements; Definitions.

§ 1.1. Purpose and applicability.

The Form, Style and Procedure Manual for Publication of Virginia Regulations provides guidelines for all regulatory agencies to use in preparing information concerning regulatory actions under development or review for publication in the Virginia Register of Regulations and the Virginia Administrative Code. The manual is designed to assist agencies in meeting their responsibilities and establishes the guidelines and procedures to be used in complying with the Virginia Register of Regulations’ provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Guidance is also provided to assist agencies in complying with the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia) when the Attorney General’s office determines that a regulation, regulatory action, or the agency itself is exempt from part or all of the Administrative Process Act. This manual is issued by the Virginia Code Commission under the authority of § 2.2-4104 of the Code of Virginia.

§ 1.2. Additional requirements.

A. In addition to this manual, the following documents contain requirements for processing regulations:

1. The Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

2. The most recent executive order from the Governor regarding development and review of regulations proposed by state agencies.

3. The Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia).

4. Regulations of the Virginia Code Commission for Implementing the Virginia Register Act.

B. The documents referenced in subsection A of this section may be accessed from the Virginia Register of Regulations’ website (http://dls.register.virginia.gov/) under Resources for agency regulatory coordinators.

§ 1.3. Definitions.

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

“Administrative Process Act” means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

“Agency” means any authority, instrumentality, officer, board or other unit of state government empowered by the basic laws of Virginia to make regulations or decide cases.

“Agency regulatory coordinator” or “coordinator” means an employee appointed by the head of an agency to coordinate regulatory activities of the agency with the office of the Registrar of Regulations.

“Commission” means the Virginia Code Commission.

“Freedom of Information Act” means Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia.

“Guidance document” means any document developed by a state agency or staff that provides information or guidance of general applicability to the staff or public to interpret or implement statutes or the agency’s rules or regulations, excluding agency minutes or documents that pertain only to the internal management of agencies.

“Manual” means the Form, Style and Procedure Manual for Publication of Virginia Regulations adopted by the Virginia Code Commission pursuant to § 2.2-4104 of the Virginia Register Act.

“NOIRA” means Notice of Intended Regulatory Action.

“Registrar” means the Registrar of Regulations appointed as provided in § 2.2-4102 of the Virginia Register Act.

“Reporting forms” means those forms prepared and required in a regulation by an agency for regulants to provide information to the agency (see § 2.2-4031 of the Code of Virginia). The list of forms appears as an unnumbered section at the end of a regulation in the Virginia Administrative Code.

“Rule” or “regulation” means any statement of general application, having the force of law, affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by applicable basic laws.

“Sixty-day public comment period” means the public comment period established by § 2.2-4007.03 of the Administrative Process Act. This public comment period begins upon publication of the proposed regulation in the Virginia Register and ends after a minimum of 60 days or on a later date if specified by the agency.

“Virginia Administrative Code” or “VAC” means the codified publication of regulations authorized under the provisions of Chapter 15 (§ 30-145 et seq.) of Title 30 of the Code of Virginia.

“Virginia Register” means the Virginia Register of Regulations, which is published under the authority of § 2.2-4031 of the Code of Virginia.

“Virginia Register Act” means Chapter 41 (§ 2.2-4100 et seq.) of Title 2.2 of the Code of Virginia.

“VR” means Virginia Regulation and preceded each regulation number in the numbering system used prior to the establishment of the Virginia Administrative Code in 1996. See § 3.5 of this manual for information on the current VAC organization and numbering system.

Article 2.
The Virginia Register of Regulations.

§ 1.4. Description; obtaining print or electronic copies of the Register.

A. The Virginia Register of Regulations, which is published under the authority of § 2.2-4031 of the Code of Virginia, is the official state publication of new and amended regulations, both as proposed and as finally adopted by the Commonwealth’s agencies as defined in § 1.3 of this manual. In addition, the Virginia Register is a source of other information about state government, including petitions for rulemaking, emergency regulations, executive orders issued by the Governor, the Virginia Tax Bulletin issued periodically by the Department of Taxation, guidance document lists, general notices to the public, and notices of public hearings on proposed regulations.

B. The Register is published every other Monday on the Virginia Register website and is available to the public at no charge. Information regarding the purchase of an annual subscription (26 issues) for the print version or individual print copies is available at the Register’s website under subscription information.

§ 1.5. Using the Virginia Register Online; converting Virginia Register document to double-spaced format.

A. Electronic copies of the Virginia Register in portable document format (PDF) may be accessed from the Register website at Virginia Register Online beginning with Volume 14, Issue 20 (June 22, 1998). Tables of Contents for earlier issues in Volumes 13 (9/30/96 though 9/15/97) and 14 (9/29/97 through 6/8/98) are also available on the Register website.

B. Beginning with Volume 17, Issue 18 (May 21, 2001), in addition to the PDF version of the Register, the regulations are also accessible on the Internet in Microsoft Word format.

C. Beginning with Volume 23, Issue 1 (September 18, 2006), regulation text that is new is indicated in the Virginia Register as underscored rather than italic and regulatory actions are published in VAC number order rather than in Proposed, Final, Fast-Track, and Emergency sections.

§ 1.6. Reserved for searchable database of the Virginia Register.

Article 3.
Virginia Administrative Code.

§ 1.7. Description; available formats and update schedule; subscriptions; cumulative table.

A. The Virginia Administrative Code, published by West, a Thomson Reuters business, under the authority and guidance of the Virginia Code Commission under the provisions of Chapter 15 (§ 30-145 et seq.) of Title 30 of the Code of Virginia, is the official compilation of regulations adopted by the Commonwealth’s agencies, departments, boards, commissions, and other authorities empowered by their basic laws to make regulations and decide cases. A description of the VAC numbering system is found in § 3.5 of this manual.

B. The Virginia Administrative Code is available in the following formats:

1. In print form, updated semiannually in the spring and fall;

2. On CD-ROM, updated quarterly in the spring, summer, fall and winter; and

3. On the Internet at http://regulations.legis.virginia.gov, updated daily.

C. Print and CD-ROM subscriptions to the Virginia Administrative Code may be obtained from West, a Thomson Reuters business, telephone 1-800-762-5272.

D. Since the online Virginia Administrative Code is updated daily, the cumulative table is useful in determining the latest version of a regulation:

1. If the person is using the print version of the Virginia Administrative Code, which comes out twice a year;

2. If the person is using the CD version of the Virginia Administrative Code, which comes out four times a year; or

3. If the person is interested in seeing regulatory actions that will become effective in the future.

E. A similar search for the latest version of a VAC section may be accomplished for the print and CD versions of VAC by using the cumulative table link of the Register's website.

F. The cumulative table does not reflect regulatory actions in the NOIRA or proposed stage, only in final, fast-track, or emergency form. To determine if a section has a pending proposed action, check the Virginia Register index, published quarterly by LexisNexis, and the Table of Contents of any issues published since the latest index. Another resource, organized by administrative code chapter, is the Virginia Regulatory Town Hall. Also, upon request, the Registrar's office will provide information using its database of NOIRAs and proposed, final, fast-track, and emergency regulatory actions.

§ 1.8. Using the searchable database of the Virginia Administrative Code on the Internet.

A. To locate a specific regulation by its number using the search box, remove spaces before and after “VAC” (e.g., 4VAC20-950-20 and 8VAC20-21-10).

B. It is also possible to search for sections or a group of sections by using the Table of Contents. For instance, to find 4VAC20-950-20: from the VAC home page, click on Table of Contents, then Title 4, Agency 20, Chapter 950, Section 20. To then see Section 10, click on Back, then on Section 10. Alternatively, use the “next section” or “previous section” links to look at various sections of Chapter 20. To look in a completely different part of VAC, choose the “new search” link to return to the search page to begin again by using the Table of Contents or to enter a section number or key words into the search box.

C. See the “search examples” link provided by the Division of Legislative Automated Systems for examples of searches using words, wildcards, suffixes, phrases and logic conditions.

D. A link to a list of agency reporting forms, if any, is located at the end of the last section of a chapter. Reporting forms are those forms prepared and required by agencies for regulants for the purpose of providing information to the agency. The forms themselves are not published in the Virginia Administrative Code but generally are printed in the Virginia Register of Regulations when they become effective or are revised.

E. Also at the end of a chapter is a link to the list of Documents Incorporated by Reference in the chapter, if any, with information on how to obtain the documents.

F. The phrase “For ..., see Virginia Administrative Code print product” is occasionally found in VAC sections following a link labeled “image,” which is a hyperlink to a .JPEG version of a graphic representation, such as a map, drawing, table, or equation. The language after “For” is the catchline of the section. If there is more than one graphic representation, the phrase and the hyperlink labeled “image” are repeated for each one. For an image that is difficult to read, refer to the print version of VAC or contact the agency that adopted the regulation or the Registrar’s office.

§ 1.9. Agency summaries.

A. Agency summaries are located at the beginning of each agency’s regulations in the Virginia Administrative Code. The agency summary provides other governmental agencies and the general public with a proper understanding of the agency’s rulemaking authority. It is not an exhaustive list of all functions of an agency but rather a general statement of its major statutory responsibilities and a specific list of regulatory powers given by the General Assembly, with Code of Virginia references. In addition, it includes pertinent information such as the secretariat under which the agency operates, if applicable; the address where copies of regulations may be obtained; and the website address of the agency.

B. The Office of the Registrar of Regulations coordinates the update of agency summaries following each annual Virginia legislative session. Regulatory coordinators are asked to review the summaries of their agencies for accuracy, indicate appropriate changes, if any, and submit them by fax, mail, or email.

C. To view current agency summaries on the Internet version of VAC, use the Table of Contents feature to select the title and agency number, then click on the agency number again for the current agency summary.

D. In the print version of VAC, agency summaries are located at the beginning of an agency’s regulations, with updates in the semiannual supplements.

Article 4.
Filing Requirements; Publication Schedule; Rejection of Documents.

§ 1.10. Filing documents with the Registrar; number of copies required.

A. This manual provides guidelines for filing documents with the Registrar. Filing requirements for regulation submission packages are located in Parts IV (§ 4.1 et seq.) through VIII (§ 8.1) of this manual with style guidelines provided in Part III (§ 3.1 et seq.). Requirements for submitting meeting notices and general notices for publication in the Virginia Register are located in Part IX (§ 9.1 et seq.). Requirements for filing guidance documents as required by §§ 2.2-4008 and 2.2-4103 of the Code of Virginia are located in Part X (§ 10.1).

B. Agencies shall submit two copies of all material filed with the Registrar unless otherwise stated in this manual. One copy is filed for public inspection in the Registrar’s office and the second copy is used as a working copy for publication purposes. Agencies filing three copies will receive a copy back indicating the date and time filed. No more than three copies of any one filing may be submitted.

C. The Registrar’s office stamps the date and time on transmittal forms and documents upon filing. The Registrar’s office assigns a document number and enters the expected date of publication on the transmittal form. Unless otherwise specified in this manual, electronic filing is not a substitute for paper filing. The recognized filing date is the date stamped on the paper copies submitted to the Registrar’s office.

§ 1.11. Deadlines for filing material; publication schedule.

The Registrar publishes documents filed for publication according to the publication schedule adopted by the Virginia Code Commission. Material received by the Registrar’s office later than noon on the specified deadline are held and published in the next succeeding issue of the Virginia Register. An updated schedule is published in each issue of the Virginia Register and may be accessed from the Table of Contents or directly from the Register’s homepage.

§ 1.12. Submitting material electronically-RIS.

A. Agencies now submit materials electronically through the Regulation Information System (RIS). RIS is linked with the Virginia Regulatory Town Hall to facilitate the process agencies use for filing regulatory actions with Town Hall for executive branch review and then filing such actions with the Registrar's office for publication in the Virginia Register. Agencies that do not file through Town Hall submit projects directly from RIS.

B. User access to an agency's regulatory actions in RIS is handled by each agency's regulatory coordinator. Agency personnel who need access to RIS should file a User ID request form with the Division of Legislative Automated Systems by contacting their agency regulatory coordinator or Diane Seaborn at DLAS at DSeaborn@dls.virginia.gov. Additional questions may be directed to Lilli Hausenfluck in the Registrar's office at LHausenfluck@dls.virginia.gov or 804-786-3591.

C. Logging in to RIS:

1. In Internet Explorer, go to the VAC searchable database web page at http://regulations.legis.virginia.gov. Bookmark this as a favorite or create a link in your Explorer toolbar so you can get to it quickly in the future.

2. At the top right corner, click on "Go" to Log in.

3. Enter User ID and Password, hit return or click on "Log In." (Do not bookmark this page.) If you do not have a User ID and password, print out the form on the RIS web page and fax it as shown on the form. You will receive an email within a couple of days.

4. On next screen, click "Continue."

5. The list of agencies you are authorized to work on is shown under "Regulation Information System" at the bottom of the VAC searchable database home page. (Click on refresh (F5) if your agency name does not immediately appear at the bottom of the screen.)

6. Click on an agency name.

D. When first using RIS, the user must download a macro. To download the macro:

1. Click on "Tools" in the RIS header. The macro must be run on each computer you use for RIS, i.e., work, home, laptop, etc. Users with "read-only access" do not need to download the macro.

2. Select "Click here" to download the self-extracting executable. It is safe to download the macro. Select Run, Run, follow the instruction to make sure all Word documents are closed, then select OK, OK.

3. To see if the RIS toolbar is visible in Word, open any Word document. If you do not see the toolbar when you open a Word document, contact Lilli Hausenfluck in the Registrar's Office at 786-3591.

4. The toolbar for RIS can be moved in relation to other toolbars by dragging the left side of the toolbar.

5. If you have technical issues with the download, contact the Legislative Automated Systems helpdesk at 786-9631 for additional information or assistance.

6. The Registrar's Office will notify users when updates are available.

E. Next, a first-time user of RIS must make changes to the Control Panel settings for each computer used for RIS, i.e., work, home, laptop, etc.

Adjustments to Internet Explorer when installing the RIS macro

F. Creating a new project (for a project that does not have a corresponding project in Town Hall yet):

1. Click on "Project Description Goes Here" and enter the name of the new project. Keep the name short but with enough information to differentiate it from other projects (e.g., regional EMS councils, 2009 fee reduction, continuing education requirements, or Rev. C09).

2. Click on "Create New Project." The project is given a project number and put at the bottom of the list of projects.

3. To open the project, click on the manila folder icon next to the project name. Note that on the next screen, the project title can be changed. Once a project has been linked to Town Hall, keep the names in the two systems identical.

4. To return to the agency's Projects List page, click on "Projects" in the header.

5. To return to your list of agencies, click on the Regulation Information Systems header.

G. Linking to Town Hall:

1. If you start a project on Town Hall, TH will create a linked project in RIS. If you start your project in RIS and create a TH action later, you can link the two by choosing the title from the dropdown menu in TH when you create the action.

2. Sending RIS Project Text to Town Hall:

a. Text is only created in RIS and needs to be pulled into Town Hall in order to submit a TH Action for executive branch review or to the Registrar's Office for publication in the Virginia Register.

b. To retrieve regulatory text from an RIS Project into a linked Town Hall Action, go to the Documents tab for the TH Action for the relevant stage and click on "Sync text with RIS."

c. This creates a link to an html document that rolls all sections with Statutory Authority and Historical Notes into the Action/Stage on Town Hall. The date of each version is in the Documents tab area for the Action in a dropdown list. The text will be automatically updated and will display to the public approximately 10 days prior to publication in the Virginia Register of Regulations.

d. To send regulatory text from an RIS Project to a linked Town Hall Action, click on the "Re-sync" button for the particular project on the agency Projects List page. If the word "Post" appears instead of "Re-sync," this means the project is not currently linked with an action on Town Hall.

H. Creating the structure of the project (selecting those sections that are being amended, added or repealed):

1. To amend, add or repeal a section or to add a new chapter, click on "Create Entry."

2. Select an existing chapter from the dropdown menu or click on "Create New Chapter." If you select an existing chapter, the corresponding sections appear in a dropdown list. You can select a chapter to be amended or repealed or click on "Create New Section" to create a new section.

3. You can select multiple sections to amend or repeal by holding down the Shift key for consecutive sections or holding down the Control key for nonconsecutive sections. If you are selecting multiple sections, they must be sections that will all be amended or all be repealed. Additional sections to amend or repeal may be added individually or in groups at any time.

4. New sections must be added one at a time and given a "description," which is the catchline for the new section. The description must be given at the time a new section is created. You may modify the section description at a later time if needed. The catchline description is the portion that will be used for the Table of Contents feature of the online VAC.

5. Catchlines of existing sections can also be modified. Existing catchlines should be amended in the content area using strikes and underscores, but the description should be written as the catchline will appear when the section becomes effective. Make sure the section content area catchline and the section description will be identical when the section becomes effective. The catchline description is the portion that will be used for the Table of Contents feature of the online VAC. To amend the description, click on the words of the description. It will open a text box. Make the changes (without using strikethroughs and underscores) and click Update.

6. To create a new section, skip the Select Existing Chapter step and go straight to Create New Section. At the next screen, you can Select Existing Chapter from the dropdown list or choose from the list of new chapters created in this project. The next available section of the chapter will appear for the section being added. Verify that it is the section number you want or change it to reflect the section number you want. Notice that four digits must be used (e.g., section 20 will be section 0020). Type the catchline without the ending period and click "Create New Section."

7. To create a new chapter, click on "Create New Chapter" and enter the chapter number and title and the first section number and description/catchline. All additional sections will be added one at a time. You may create all the sections or a group of sections and go back to add the content to each one. To see the Project Details page, click on "Return to Projects Details."

8. To repeal a chapter and replace it with a new chapter, click on "Create Entry," choose the chapter to be repealed, click on the first section of the chapter in the section list, hold down the shift key and scroll down to the last section in the list and click on it (include the FORMS or DIBR list since they will be repealed with the chapter). Scroll through the list and deselect any sections that have already been repealed by holding down the Control button as you click on each one. Select "Repeal" from the "Select Action" dropdown list and then click on the "Submit" button. All sections of the chapter to be repealed will appear as entries in the project. Be careful with this. If you accidentally leave it as "amend," you'll have to delete (click the red "x" next to each section) and start over.

9. Next select "Create Entry" and "Create New Chapter." Verify or change the chapter number and first section number (both numbers will be in a four-digit format). Enter the new chapter title (in upper case) and the catchline for the first section (in sentence case), then click "Add Chapter."

10. Now you will enter each new section individually by entering the catchline without the ending period, and clicking "Create New Section."

11. To add a FORMS list or Documents Incorporated by Reference (DIBR) list, select "Create Entry," select "Create New Section," select the current or new chapter, choose the FORMS or DIBR designation from the dropdown list and click the box next to the dropdown list. The appropriate catchline will appear in the description box. Click on "Create New Section."

12. Click on "back" in the upper right hand corner to go back to the Project Details page at any time.

I. Inserting content into the appropriate sections:

1. After you have created the structure for the regulatory action, you can amend content with strikethroughs and underscores in sections being amended, enter the content of each new section that is being added, and strike through the catchline and section content for sections being repealed. Begin the process in each case by clicking on the red "edit" button. This opens a version of Word with the appropriate macros. Details for each type of action follow.

2. For an amended section, use strikethroughs and underscores to mark changes. Leave the format of current tables as is and the Register staff will convert them to standard tables for the new look of VAC. (The Register staff will assist with this process as you are working on a project; you do not have to wait until it is submitted to contact the staff.) Amend the content of sections as usual with strikethroughs and underscores. Mark changes in a final regulation with brackets. Use the macro buttons in the RIS template that create the opening and closing brackets without underlining and with "required spaces" so brackets will stay with the stricken and new language being modified. Verify that all paragraphs have correct styles applied. For a listing of styles and examples, see the VAC Quick Style Sheet on the Register website.

3. Click the RIS Update button to upload the modified text to the RIS application. Click on "back" in the upper right hand corner to go back to the Project Details page. To make additional modifications, click on "edit" again, make additional changes, and use the RIS Update button to finish.

4. If you decide not to keep the changes you made, you may close the Word window without saving and your text in RIS is not changed.

5. For each new section, enter the text of the entire section. Fill in the Statutory Authority portion for the new section. Make sure all text is underlined including the section number, catchline, and section text. The Statutory Authority is not underlined. Verify that all paragraphs have correct styles applied. Click the RIS Update button. Click on "back" in the upper right hand corner to go back to the Project Details page or click "next" to go to the next section in the project.

6. For sections being repealed, use the "(Repealed.)" button in the RIS template to insert (Repealed.) after the catchline. Leave the section number, strike the catchline, and strike the text of the section and the Statutory Authority but do not strike through the Historical Notes. Historical Notes will remain with the section in VAC after it is repealed.

7. When a chapter name, part or article is being inserted as new, include them before the section as they appear in the Register. By doing this, they will appear correctly in the Register when published as final. We are working with the RIS developers to improve how parts and articles appear in VAC online.

8. For current part and article names and numbers that are being amended, make the changes in the section if that section is being amended. If it is not being amended, then a message should be included in the Comments feature so the Registrar's Office can make the appropriate changes for Register publication and in the online VAC when the action becomes final.

J. Using the "Create Report" feature:

1. The Create Report feature allows the user to gather all requested documents into an html or Word document for review as follows:

2. Select "Sections" from the dropdown menu and then click on Create Report. This creates a document with all of the sections in the project rolled into one document for review in a single-spaced format.

3. Select "Sections (Double spaced)" and click on Create Report for a document with all of the sections in the project in a double-spaced format and with the Certification Statement appended to the end. Print this document as is for hard copy submission to the Registrar's Office. The statement should be filled out and signed for Final and Fast-Track regulations and left blank for other actions.

4. Select "Sections (Resolved)" and click on Create Report. This creates a document with all of the sections in the project rolled into one document with the text that is stricken removed and text that is underscored changed to plain text. This is how the text will appear when the project becomes final. In essence, this is the equivalent of "Accept all changes" when using the Track Changes feature of Microsoft Word.

5. Select "Sections (With notes)" and click on Create Report. This creates a document with all of the sections in the project rolled into one document with the Statutory Authority and Historical Notes appended to each section.

6. Choose the "Open in Word" link in the top right corner of the page to open a Word document that can be saved to your hard drive and printed. Format changes like margins, headers, and page numbers can be made as desired for internal review or board approval purposes. Remember that any changes made in the Word document will not be part of the official data fields so desired changes will have to be made in the individual VAC sections of the RIS project.

§ 1.13. Rejection of documents filed for publication; delay in publication.

A. The Registrar may reject any document filed for publication, or delay publication, if the requirements contained in this manual or any other applicable requirements are not met.

B. Reasons for rejecting or delaying a regulation submission package filed by an agency for publication may include, but are not limited to, the following:

1. The regulation submission package is subject to the Administrative Process Act but does not meet Administrative Process Act requirements.

2. The regulation submission package is not in the proper format.

3. The regulation submission package is incomplete.

4. The regulation submission package does not contain the required number of copies.

5. The regulation is not submitted to RIS.

6. A proper transmittal sheet is not included.

7. The statutory authority is omitted or incorrect.

8. If claiming an exemption from all or part of the Administrative Process Act, the citation to exemption is omitted or improper or the letter from the Attorney General’s office confirming the exemption is not included.

9. The summary of the regulation is not approved by the Registrar of Regulations as required by § 2.2-4031 B of the Administrative Process Act.

10. The basis, purpose, substance, and issues statement required by § 2.2-4007.05 of the Code of Virginia is incomplete.

11. The economic impact analysis prepared by the Department of Planning and Budget is not received by the Registrar.

12. The agency response to the economic impact analysis is not included.

13. The certification statement with required signature is omitted from a final or fast-track regulation package.

14. The agency fails to use the latest version of regulatory text in preparing its regulatory action.

15. Additional information required or requested by the Registrar’s office is not received in time to proceed with publication.

C. The Registrar or his designee shall notify the affected agency if a determination is made to reject or delay publication of a document. The reason will be provided to the agency regulatory coordinator, and any rejected regulatory submission package will be returned to the agency unless other arrangements are made between the Registrar’s office and the agency regulator coordinator.

Article 5.
Editing Regulations; Correcting Errors.

§ 1.14. Editing regulations.

The staff of the Virginia Register will edit submissions for proper style and format, grammatical correctness, and consistency of language to conform with the journalistic style of the Virginia Register. Part III (§ 3.1 et seq.) of this manual contains style requirements for agencies to use when drafting regulations.

§ 1.15. Agency review of published text.

As soon as practical after publication, the agency regulatory coordinator or other designated individual shall compare the published copy against the agency copy to ensure accuracy of the published text. The agency shall notify the Registrar of any errors found in the published text by filing corrections as provided in § 1.16 of this manual.

§ 1.16. Correcting errors after publication.

A. If an error is found in the published text of a regulation or other document, the agency shall notify the Registrar in writing within seven days of the date the error was published.

B. The written notification shall include the following information:

1. The name of the agency;

2. The volume, issue, and date of the Virginia Register and the page numbers of the published regulatory action where the error occurred (e.g., 25:2 VA.R. 119-121 September 29, 2008);

3. The section of the Virginia Register where the error occurred (e.g., NOIRAs, Regulations, General Notices);

4. If the error is in a regulation, the type of regulation (i.e., proposed, final, fast-track, or emergency) and the VAC number and chapter title; and

5. The nature of the error, including page numbers.

C. Corrections of errors will be published as soon as possible in the General Notices/Errata section of the Virginia Register. Minor errors may not be published; however, the corrections will be made to the Virginia Administrative Code database and forwarded to the publisher of the Virginia Administrative Code, if applicable.

PART II.
AGENCY REGULATORY COORDINATOR.

§ 2.1. Appointment.

Agencies shall notify the Registrar of Regulations in writing of the appointment of an agency regulatory coordinator and of any changes that may occur in that appointment. The Registrar’s office will periodically send a request to agency heads to request the appointment of an agency regulatory coordinator if one has not been appointed for that agency or to verify that the agency regulatory coordinator’s name and contact information on file are correct.

§ 2.2. Qualifications.

The agency regulatory coordinator represents the agency in all matters relating to the Virginia Register and the Virginia Administrative Code. The coordinator should be familiar with the Administrative Process Act, the Virginia Register Act, the Freedom of Information Act, and other legislation relating to Virginia regulations; any Governor’s Executive Orders relating to the processing of regulations; the statutes governing the coordinator’s agency; the agency’s public participation guidelines; the regulations of the Virginia Code Commission; and the most recent edition of the Form, Style and Procedure Manual for Publication of Virginia Regulations.

§ 2.3. Duties.

A. The agency regulatory coordinator shall review all documents filed by an agency and verify that documents submitted for filing and publication in the Virginia Register contain all required information, are processed properly, and are correct in format and content. When an agency submits documents to be published in the Virginia Register, the coordinator or other designated person shall proofread the agency’s documents as published to ensure their accuracy and shall file a correction with the Registrar’s office in accordance with §§ 1.15 and 1.16 of this manual if a correction is needed.

B. All questions by the Registrar’s office regarding the documents submitted for publication shall be directed to the coordinator or to other agency personnel as directed by the coordinator.

C. Pursuant to § 2.2-4103 of the Code of Virginia, an agency shall:

1. Have on file with the Registrar the full text of all of its currently operative regulations;

2. File, date and supplement all new regulations and amendments, repeals, or additions to its previously filed regulations;

3. Make available for public inspection and copying full texts of all regulations; and

4. File annually with the Registrar a current list of guidance documents.

D. The agency regulatory coordinator shall review its agency summary following each annual Virginia General Assembly session and submit proposed updates to the Registrar’s office. Updates may be submitted at any time other elements of the agency summary change, such as the agency’s mailing address or website address. See § 1.9 of this manual for information on agency summaries.

E. The agency regulatory coordinator is responsible for obtaining a UserID and password for the RIS system and arranging with the Registrar's office for training in the use of RIS.

§ 2.4. Resources for agency regulatory coordinators.

Multiple resources for regulatory coordinators may be accessed from the Register's website, including:

1. The Form, Style and Procedure Manual for Publication of Virginia Regulations.

2. The Administrative Process Act.

3. The Virginia Register Act.

4. Regulations of the Virginia Code Commission for Implementing the Virginia Register Act.

5. The most recent executive order from the Governor regarding development and review of regulations proposed by state agencies.

PART III.
STYLE GUIDELINES.

Article 1.
Document Format.

§ 3.1. Body of text.

A. Use the following guidelines for submitting regulatory actions to the Registrar's office:

1. Prepare regulation text using the Regulation Information System.

2. Underscore new language. Use the single line form of underlining. Do not use “words only” underlining.

3. Strike through language to be deleted.

4. Insert new language after stricken language.

EXAMPLES

Underscore:

2. The owner shall install, calibrate, maintain, and operate a device to continuously measure the temperature of the flue gas stream at the inlet of each particulate matter control device.

Strikethrough:

~~3. 12VAC5-590-420 - Treatment technique requirements.~~

Strikethrough, then underscore:

7. 9. For any ~~request~~ application made ~~under subdivision A 2 of this section,~~ for a treatment technique variance, the applicant must also include a statement that ~~the owner will perform~~ monitoring and other reasonable requirements prescribed by the ~~division~~ commissioner as a condition to the variance; will be performed.

5. If an entire chapter is being repealed, follow the instructions given in § 4.45 of this manual.

6. If an entire section is being repealed, follow the format given in § 4.46 of this manual.

7. If a new chapter is being proposed, underscore all language.

8. Do not use the “revision” mode or “track changes” mode for creating a document for submission. Such word processing modes provide opportunities for accepting and rejecting revisions that allow language to be inadvertently deleted or changed without showing the changes. In Microsoft Word, use the “strikethrough” and “underline” features located on the RIS toolbar.

9. Do not use the automatic numbering feature when creating a list. Automatic numbering occasionally inserts codes that are difficult to remove later and causes numbers or letters to disappear when applying paragraph styles. In Microsoft Word, the automatic numbering feature can be disabled at Tools - AutoCorrect Options - AutoFormat. Do not use tabs in regulation text. Use a space after paragraph letter and number designations.

10. Use underscoring only for indicating new language. Do not use underscoring for emphasis, for the names of books, or for foreign phrases. Use quotation marks for the names of books, journals, articles, and similar items. The terms “Code of Virginia,” “Virginia Administrative Code” and “Virginia Register of Regulations” should be kept in normal text, i.e., not in italics or underscored.

11. Do not strike a part or portion of a word or number. First, strike through the entire word or number, then insert the new word or number and underscore to indicate that it is new language.

EXAMPLES

To change a word from plural to singular or vice versa:

INCORRECT CORRECT

parking decks parking ~~decks~~ deck

applications ~~application~~ applications

To change a cross reference:

INCORRECT CORRECT

18VAC65-20-7120 ~~18VAC65-20-70~~ 18VAC65-20-120

§ 2.2-40023 § ~~2.2-4002~~ 2.2-4003

12. In general, do not put telephone numbers in the text of a regulation.

13. Avoid the use of illustrations when possible. If needed, provide clear versions that will reproduce well for print and electronic publication. See § 3.2 of this manual for additional information.

14. Do not use brackets in the text of a regulation except when needed for naming chemical compounds and when necessary in mathematical equations. To indicate information to be inserted in a form or contract, use parentheses rather than brackets. See subsections B through E of this section for additional discussion of bracket use.

EXAMPLES

2,4,5-TP [Silvex] (ppb)

Benzo(a)pyrene[PAH]

Carefully check the application and write to (insert company name and address) within 10 days if any information is not correct and complete, or if any medical history has been left out of the application.

B. When a final regulation differs from the proposed regulation, highlight the changes made since the proposed regulation was published by enclosing the material in brackets. Do not underscore the brackets themselves. Do not use brackets in proposed regulations, except as provided in subdivision A 14 and subsection D of this section.

EXAMPLES

a. An appraiser may provide market analysis studies or [ ~~counseling~~ consulting ] reports ...

2. Test reports, including supporting calculations that document the results of all [ ~~stack~~ emission ] tests.

“Agency administrator” means any chief of police, sheriff, or any agency head of [ a ] local or , state, [ or ] federal [ ~~government~~ ] ~~law-enforcement~~ [ ~~agency~~ and college or university law-enforcement agencies sworn under § 23-232.1 of the Code of Virginia ].

C. When amending language in a final regulation that is exempt from the proposed regulatory action stage, do not use brackets. Brackets are used only to distinguish changes made from an earlier regulatory action stage.

D. If a proposed regulatory action is resubmitted with changes as a “reproposed” action, use brackets for all changes made since the last publication. This will mean that all changes in the proposed action will remain in the document, but new changes since the last publication will appear in brackets.

E. If a final regulatory action is suspended and resubmitted with additional changes since the final regulation was published, remove all brackets before making additional changes, then use brackets for all changes made since the last publication. All proposed and initial final changes will remain in the document, but only new changes since the last publication will appear in brackets.

F. Part IV (§ 4.1 et seq.) of this manual provides additional information on preparing proposed and final regulations.

§ 3.2. Tables and illustrations.

A. Numerical and textual tables are permitted in the body of regulations. Such tables often provide complicated and large amounts of information in an easy-to-read format or provide simple presentations in a compact format. Use the following guidelines for preparing tables:

1. For larger tables and tables that are referenced in additional parts of a regulation, center the word “TABLE” in uppercase letters above the table.

2. Number tables within a regulation when there is more than one table.

3. Center a table title in title case underneath the word “TABLE” and its number, if any.

EXAMPLE

TABLE 7.

Minimum Design Chlorine Dosages.

EFFLUENT BOD/SS CONCENTRATION	DOSAGE (Based on Maximum Daily Flow)
30/78 mg/1	20 mg/1
45/45 mg/1	15 mg/1
30/30 mg/1	8 mg/1
20/20 mg/1	6 mg/1
10/10 mg/1	4 mg/1
<10/10 mg/1	<4 mg/1
Odor/Sludge Bulking Control	>20 mg/1

4. For smaller tables or tables that are not referenced in additional parts of a regulation, a title is not necessary.

EXAMPLE

... continuous monitoring on an ongoing basis at the frequencies each day prescribed below:

Waterworks size by population	Samples/Day*
500 or less	1
501 to 1,000	2
1,000 to 2,500	3
2,501 to 3,300	4

*The day’s samples cannot be taken at the same time. The sampling intervals are subject to commissioner’s review and approval.

5. See § 3.3 B of this manual regarding the use of footnotes associated with tables.

B. RIS has limited table styles. To create a Table in RIS use table grid (in the style box) or select Table from menu bar at the top, then select insert, then select table, and then choose the number of columns and rows. Currently, we have the following styles for tables: tblleft (left justify), tblctr (center), and tblrt (right justify). Table headings are usually in the tblctr formatting style.

To merge columns - highlight cells, choose Table from the menu bar at the top, then select merge cells. To split columns - highlight cells, choose Table from the menu bar at the top, then select split cells. Columns without borders - highlight cells, then select Format from the menu bar at the top, select borders and shading, choose none. Do not use tabs when creating tables.

C. Maps, charts, graphs, diagrams, and other illustrations may be included in regulations but because they can be difficult to read, their use is discouraged. Images may be inserted as .tif, .gif, or .jpeg files.

§ 3.3. Footnotes; endnotes.

A. Footnotes (notes that appear at the bottom of the page) may not be used in the Virginia Administrative Code except in tables as specified in subsection B of this section. Endnotes (notes that appear at the end of a chapter) may be used only in unusual circumstances. If information is important enough to include in a regulation, it should be included in the regular text of the regulation. Please contact the Registrar’s office prior to using endnotes.

B. Footnotes may appear directly beneath a table when describing components of a table. Superscripted letters or numbers may be used. When possible, use asterisks for footnotes in order to avoid potential problems with superscripted letters and numbers being confused with nearby subdivision designations. See example following subdivision A 4 of § 3.2 of this manual.

§ 3.4. Appendices.

Avoid using appendices as part of a regulation. Material important enough to be set out should be made part of the regulation itself and given a section number accordingly.

Article 2.
Structure of Regulations.

§ 3.5. VAC organization; numbering system.

A. The Virginia Administrative Code is organized into 24 broad subject matter titles. Each agency’s regulations are organized into one or more titles, according to the responsibility and nature of the agency. Within each title, the agencies are alphabetically ordered and numbered in multiples of five. This system allows for the reorganization of agencies, renaming of agencies, and addition of new agencies within the titles.

B. The chapter and section numbering is usually organized into multiples of 10 to accommodate new regulations and new sections within existing regulations. Questions concerning the numbering of new chapters or sections should be directed to the Registrar’s office.

C. It is not appropriate to strike all language in a section and replace it with new language on a different subject. Instead, repeal the current section and add a new section.

D. Current sections may not be renumbered once established in VAC. The integrity of a chapter’s original numbering system should remain intact. If major reorganization is needed, replace the current chapter with a new chapter.

E. Each section of a regulation is identified with its own VAC codification number. The numbering system of the Virginia Administrative Code is as follows:

i VAC ii-iii-iv

1. i represents the subject matter title within which the regulation is organized. There are 24 titles.

2. ii represents the promulgating agency. Agencies are generally arranged alphabetically within the titles in multiples of five with new agency names inserted as needed.

3. iii represents a chapter number or grouping of provisions with a common theme.

4. iv represents a section number within the chapter. A section is the basic unit of VAC. Sections are numbered in increments of 10, leaving room to add sections as the need arises. The content of a section is a short, simple presentation of a single regulatory function.

EXAMPLES

11VAC10-40-70. Approval of simulcasting contracts.

Title 11 - Gaming

Agency 10 - Virginia Racing Commission

Chapter 40 - Satellite Facilities

16VAC25-50-60. Examination fees.

Title 16 - Labor and Employment

Agency 25 - Safety and Health Codes Board

Chapter 50 - Boiler and Pressure Vessel Regulations

F. Chapters are cited by using the title number, agency number and chapter number. See § 3.14 of this manual for information on citing other parts (e.g., subsections and subdivisions) of VAC.

EXAMPLES

4VAC5-30, Virginia State Parks Regulations. 13VAC5-180, Migrant Housing Programs.

G. See Article 3 (§ 1.7 et seq.) of Part I of this manual for additional information on the Virginia Administrative Code.

§ 3.6. Arrangement of a regulation.

A. Concise drafting of a regulation, as well as the general design and logical arrangement of its sections, subsections and subdivisions, better communicates the meaning of the regulation. The major objective in arranging text within a regulation is to make the document as clear and understandable as possible.

B. Use the following sequence of elements as a guideline when preparing new regulations or amending current regulations:

1. Place general provisions before special provisions;

2. Place more important provisions before less important provisions;

3. Place frequently used provisions before less frequently used provisions; and

4. Place permanent provisions before temporary provisions.

C. A regulation may be divided into parts and articles for the purpose of grouping like portions of a regulation. See § 3.14 of this part for examples of citations of parts and articles in VAC.

§ 3.7. Sections, subsections and subdivisions.

A. A section is the basic unit of VAC. The content of a section is a short, simple presentation of a single regulatory function. Sections within a chapter are numbered incrementally by 10.

B. Divide separate requirements concerning a single subject into subsections within a section. If there is more than one subsection, they are designated with uppercase letters.

C. A list of requirements, standards, or definitions is clearer and more readable if it is published in the form of numbered subdivisions. Before subdividing a subsection, introduce the list with a complete thought followed by a colon. The first break into subdivisions is indented and numbered 1, 2, 3, etc., and each item listed is numbered and placed on a separate line. Subdivisions may be broken into further subdivisions. The second break is indented again and indicated by a, b, c, etc. Use the following organizational system in the text of regulations:

1. Designate subsections by uppercase letters of the alphabet (i.e., A, B, C, etc.).

2. Designate subdivisions (any division designated below or within a subsection) in numeric and alphabetic order. The order of precedence follows and is illustrated in Figure 3-3: A, B, C; 1, 2, 3; a, b, c; (1), (2), (3); (a), (b), (c). The Registrar’s office strongly recommends avoiding the use of subdivision designations below the “a, b, c” level because it makes regulations harder to read and use. Consider using more sections to avoid using excessive subdivision levels.

Figure 3-3.

Dividing a Section.

3VAC5-10-480. Section title, referred to as a “catchline.”

(1)

(a)

(b)

(2)

(3)

3. When listing information in the form of individual or distinct items, number or letter each item and place it on a separate line. Subdivisions may end with a semi-colon or a period. When using semi-colons, use the conjunction “and” or “or” at the end of the second to last subdivision.

EXAMPLE

2. A person holding a restricted volunteer license under this section shall:

a. Only practice in public health or community free clinics that provide dental services to underserved populations;

b. Only treat patients who have been screened by the approved clinic and are eligible for treatment; and

c. Attest on a form provided by the board that he will not receive remuneration directly or indirectly for providing dental services.

4. Do not designate a subsection or subdivision by letter or number unless there is more than one subsection or subdivision within the section. In the following example, there is only one subsection so it is not labeled “A” since there is no second subsection to label “B.” Notice that the listed items are labeled 1, 2, 3, etc., because they are subdivisions of the single subsection; they are not subsections.

EXAMPLE

9VAC25-780-60. State role in program preparation.

To assist local governments in the development of local programs, the board shall:

1. Provide technical and financial assistance;

2. Provide guidance on compliance options;

3. Facilitate acquisition of existing resource conditions (the department shall prepare and post on its website a list of readily available sources for the items identified in 9VAC25-780-90 B);

...

8. At the request of the applicant, convene a technical evaluation committee meeting; and

9. Provide notice of local public hearings on the local program upon notification by the locality.

5. Use lowercase Roman numerals in parentheses (i.e., (i), (ii), (iii), etc.) for internal numbering within sections. Refer to these as clauses within a section, subsection or subdivision as appropriate.

EXAMPLES

“Preadmission screening” means the process to: (i) evaluate the functional, nursing, and social supports of individuals referred for preadmission screening; (ii) assist individuals in determining what specific services the individuals need; (iii) evaluate whether a service or a combination of existing community services are available to meet the individuals’ needs; and (iv) refer individuals to the appropriate provider for Medicaid-funded nursing facility or home and community-based care for those individuals who meet nursing facility level of care.

A. Any person or entity wishing to (i) obtain a new license as a wholesale distributor or register as a nonresident wholesale distributor, (ii) engage in the acquisition of an existing wholesale distributor, (iii) change the location or make structural changes to the prescription drug storage space of an existing wholesale distributor, or (iv) make changes to a previously approved security system shall file an application with the board on a form approved by the board.

A. It shall be unlawful to take or catch soft shell clams from any leased grounds in any of the tidal waters of the Commonwealth by use of a hydraulic dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such a purpose and (ii) a permit for each boat and operator thereof.

D. In general, do not assign catchlines to subsections and subdivisions. Use the section catchline, described in § 3.8, to address the content of the subsections within a section. If they are used, they should be in sentence case followed by a period.

§ 3.8. Section catchlines or titles.

A. The title given to each section is called a catchline. It should briefly and accurately describe the subject matter contained in that section. The catchline should indicate to the reader everything covered by that section. If it does not, expand the catchline or divide the section into multiple sections. Avoid catchlines like “General” and “Miscellaneous”; they are not specific enough.

B. Place the section catchline on a separate line with the section number in order to make it easier to locate and use. Capitalize only the first letter and proper names. Separate items in a catchline with semicolons. End each catchline with a period.

C. A change in a catchline requires an amendment in the same format as required for body text (i.e., stricken text for deletions and underscored text for new language).

D. The catchline is not part of the text of the regulation but helps to locate the subject, just like a table of contents. Draft the text of the section so that its meaning is clear independent of the catchline. This means that essential information contained in a catchline must be repeated in the body of the section.

EXAMPLES

18VAC10-20-17. Replacement of wall certificate.

Any licensee or certificate holder may obtain a replacement for a lost, destroyed, or damaged wall certificate upon submission of a $20 fee accompanied by a written request indicating that the certificate was lost, destroyed, or damaged.

18VAC60-20-105. Inactive license.

A. Any dentist or dental hygienist who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. ...

12VAC30-120-940. Adult day health care services.

A. This section contains specific requirements governing the provision of adult day health care (ADHC). ...

§ 3.9. Severability provision.

A. Section 2.2-4004 of the Code of Virginia provides the following blanket severability provision to the Administrative Process Act:

§ 2.2-4004. Severability.¾The provisions of regulations adopted under this chapter or the application thereof to any person or circumstances that are held invalid shall not affect the validity of other regulations, provisions or applications that can be given effect without the invalid provisions or applications. The provisions of all regulations are severable unless (i) the regulation specifically provides that its provisions are not severable or (ii) it is apparent that two or more regulations or provisions must operate in accord with one another.

B. This section eliminates the need for agencies to include a severability clause within their regulations. When an agency amends a regulation that currently contains a severability clause, this clause should be repealed. Any new regulations that are promulgated should not include a severability clause.

C. This section does not apply to agencies or regulatory actions that are exempt from the Administrative Process Act.

§ 3.10. Definitions section.

A. Include a definitions section early in a regulation. Definitions provide clarification for terms used within a regulation and allow the regulation writer to control the meaning of a word. They also save space in the body of the regulation. For example, “department” may be defined to mean the Department of Social Services and “TANF” to be the acronym for the Temporary Assistance to Needy Families program.

B. Define a term only when its meaning is important and it is used more than once in the regulation. Do not define terms not used in the regulation. It is especially important due to the compilation and publication of the Virginia Administrative Code and for the sake of clarity that individual agencies and officers be defined.

C. Do not include substantive provisions with the meanings of terms in the definitions section. For example, “executive secretary” may be defined in the definitions section, but do not include the duties as part of the definition. The duties must be the subject of a separate section.

D. Use the following guidelines for formatting definitions:

1. Place definitions at the beginning of the regulation, generally as the first numbered section.

2. Use the following language for the first paragraph: “The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:”

3. Arrange the words or specific terms in alphabetical order.

4. Uppercase the first letter of the first word in each definition. All subsequent words in each definition should be lowercase, unless words are proper nouns.

5. Place the word or term being defined within quotation marks.

6. Immediately after the word or term being defined, insert the word “means.”

7. Avoid using dashes, slashes or parentheses in a term being defined. For example, use “Individualized education plan” or “IEP” means... instead of “Individualized education plan (IEP)” means....

EXAMPLE

22VAC40-170-10. Definitions.

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

“Certificate of registration” means a document issued by the commissioner to a family day provider acknowledging that the provider has been certified by the contracting organization or the department and has met the Requirements for Providers (22VAC40-180) under the Voluntary Registration Program for Family Day Homes.

“Child” means any individual under 18 years of age.

“Commissioner” means the Commissioner of Social Services.

§ 3.11. Stating an effective date; indicating inclusion.

A. To state an effective date, use “become” rather than “be.” The use of “be” limits the action to one day.

USE: shall become effective on March 20, 2006

AVOID: shall be effective on March 20, 2006

B. See § 4.16 D of this manual for an explanation and examples regarding the use of an effective date in regulatory language.

C. To indicate inclusion, use “through” instead of “to” when referring to sections or other subdivisions in consecutive order.

USE: In §§ 22.1-8 through 22.1-20 of the Code of Virginia...

AVOID: In §§ 22.1-8 to 22.1-20 of the Code of Virginia...

USE: subsections B through F of this section

AVOID: subsections B to F of this section

D. In the rare case where an individual section in a regulatory action is being given a different effective date from the other sections in the action, indicate the alternate effective date with language in the text of the section not in the catchline. For example, the first line in the section might read: “The provisions of this section shall become effective September 1, 2006.” This language may be stricken in a later regulatory action when it is no longer needed to distinguish it from the remaining sections in the chapter. Do not include effective date information in the catchline.

Article 3.

Citations.

§ 3.12. Citations to the Code of Virginia, the Acts of Assembly, and General Assembly sessions.

A. When citing chapters, articles or sections of the Code of Virginia, refer to the following examples:

1. Citing an entire chapter.

EXAMPLES

Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia

A chapter of the Code of Virginia with a commonly referred to name may be cited in VAC by its name:

The Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia)

The Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia)

If a chapter will be referenced frequently, add the citation to the definitions section and use only the name in additional references in the VAC chapter:

“Administrative Process Act” means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

2. Citing an article.

EXAMPLE

Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia

3. Citing a specific section.

EXAMPLES

§ 2.2-4001 of the Code of Virginia § 2.2-4020 of the Code of Virginia

4. Citing multiple sections.

EXAMPLES

§§ 2.2-4013 and 2.2-4014 of the Code of Virginia (use “and” when citing two or three sections)

§§ 2.2-4001 through 2.2-4011 of the Code of Virginia (use “through” when citing four or more consecutive sections)

§ 2.2-4001, 2.2-4013, or 2.2-4014 of the Code of Virginia (use one section mark at the beginning of a list when using “or”)

5. Citing a subsection.

EXAMPLES

subsection B of § 2.2-4020 of the Code of Virginia § 2.2-4020 B of the Code of Virginia

6. Citing a subdivision.

EXAMPLES

subdivision A 4 a of § 2.2-4006 of the Code of Virginia

§ 2.2-4006 A 4 a of the Code of Virginia

subdivision 7 of § 2.2-3802

B. Whenever possible, avoid citing sections of the Code of Virginia at the subsection or subdivision level as illustrated in subdivisions A 5 and 6 of this section. Instead, use only the section cite as shown in subdivisions A 3 and 4 of this section.

C. The word “section” is not spelled out unless it is used at the beginning of a sentence; in all other cases, use the section symbol. The section symbol in Microsoft Word is found at Insert - Symbol - Special Characters or press and hold Alt + 0167 (use number keypad for "0167”).

D. When referring to a specific act of the General Assembly, use the following format: “Chapter 40 of the 2006 Acts of Assembly.” When referring to a particular session of the Virginia General Assembly, use the following format: “...as passed by the 2008 Session of the General Assembly.” It is incorrect to refer to the “2008 General Assembly.”

§ 3.13. Citations to the Virginia Register.

The Virginia Register is cited by volume, issue, page number and date.

EXAMPLE

To refer to the Marine Resources Commission final regulation in Volume 25, Issue 3, on pages 354 through 356 of the Virginia Register issued on October 13, 2008, write:

25:3 VA.R. 354-356 October 13, 2008

§ 3.14. Citations to the Virginia Administrative Code.

A. Chapters of VAC are cited by the Virginia Administrative Code title number followed by the letters “VAC” then the agency number and the chapter number separated by a hyphen. Chapters may be cited by VAC number or by the name combined with the VAC number.

EXAMPLES

6VAC35-60, Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

9VAC5-80, Regulations for the Control and Abatement of Air Pollution

4VAC5-30, Virginia State Parks Regulations

In a sentence:

This sample shall be tested with the methods established by the Virginia Hazardous Waste Management Regulations (9VAC20-60) for determining if a solid waste is a hazardous waste.

B. Parts, articles or sections of the Virginia Administrative Code may be cited as follows:

1. Citing a part.

EXAMPLES

When in the relevant chapter:

Part III (6VAC35-60-170 et seq.) of this chapter

When in a different chapter:

Part III (6VAC35-60-170 et seq.) of the Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

The site at which the release occurred constitutes an open dump or solid waste management facility under Part IV (9VAC20-80-170 et seq.) of the Virginia Solid Waste Management Regulations.

When a part is cited more than once in a section:

C. If a license or registration condition cites provisions of Part IV (12VAC5-481-600 et seq.) of this chapter in effect prior to September 20, 2006, which do not correspond to any provisions of Part IV of this chapter, the license or registration condition remains in force until there is an amendment or renewal of the license or registration that modifies or removes this condition.

2. Citing an article.

EXAMPLES

When in the relevant part:

Article 4 (6VAC35-60-320 et seq.) of this part

When in a different part, but the same chapter:

Article 4 (6VAC35-60-320 et seq.) of Part III of this chapter

When in a different chapter:

Article 4 (6VAC35-60-320 et seq.) of Part III of the Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

3. Citing a specific section.

EXAMPLES

6VAC35-60-290 12VAC5-481-380 24VAC30-71-50

4. Citing multiple sections.

EXAMPLES

6VAC35-60-10 and 6VAC35-60-20

6VAC35-60-10 through 6VAC35-60-60

6VAC35-60-10, 6VAC35-60-50, or 6VAC35-60-170

C. All uppercase lettered divisions in VAC are called subsections and all divisions of subsections are called subdivisions. So whether a reference is to subdivision A 3 or subdivision A 3 c (1) (a), they are both subdivisions and are cited as illustrated in subdivision 2 of this subsection.

1. Citing a subsection.

EXAMPLES

12VAC5-90-240 A subsection A of 12VAC5-90-240

When in another section of VAC:

B. Current conservation practices, techniques, and technologies shall be considered in projecting water demand pursuant to 9VAC25-780-100 D.

When in a different subsection of the same section of VAC:

B. Current conservation practices, techniques, and technologies shall be considered in projecting water demand pursuant to subsection D of this section.

When in the same subsection of VAC:

D. Current conservation practices, techniques, and technologies shall be considered in projecting water demand pursuant to this subsection.

2. Citing a subdivision.

EXAMPLES

9VAC20-80-300 B 1 a subdivision B 1 a of 9VAC20-80-300

D. If a section has only one subsection, then it is not given the letter “A” but its divisions are called subdivisions. Thus, as shown in the following example, since there is only one subsection, it is not labeled “A” and the correct reference to subdivision 2 would be “subdivision 2 of 18VAC110-20-230.”

Example of a section with only one subsection:

18VAC110-20-230. Qualification as a nuclear pharmacist.

In order to practice as a nuclear pharmacist, a pharmacist shall possess the following qualifications:

1. Meet Nuclear Regulatory Commission (NRC) standards of training for medically used or radioactive by-product material.

2. Have received a minimum of 200 contact hours of didactic instruction in nuclear pharmacy.

3. Attain a minimum of 500 hours of clinical nuclear pharmacy training under the supervision of a qualified nuclear pharmacist in a nuclear pharmacy providing nuclear pharmacy services, or in a structured clinical nuclear pharmacy training program in an approved school of pharmacy.

E. Avoid ambiguous references. References to other portions of the administrative code should never be “above,” “below,” “hereinabove,” “hereinafter,” or similar vague terms. Always cite the specific part, article, section, subsection or subdivision by number.

EXAMPLES

AVOID:

3. Beginning with the ninth grade classes of 2003-04, students shall earn the required standard and verified units of credit described above.

REVISED:

3. Beginning with the ninth grade classes of 2003-04, students shall earn the required standard and verified units of credit described in subdivision 2 of this subsection.

AVOID: ... and in the case of applications without firm financing commitments (as defined hereinabove) at fixed interest rates, debt service on the proposed mortgage loan.

REVISED: ... and in the case of applications without firm financing commitments as defined in subdivision 2 f of this section at fixed interest rates, debt service on the proposed mortgage loan.

AVOID: In calculating the points for subdivisions 7 a and b above, ...

REVISED: In calculating the points for subdivisions 7 a and b of this subsection, ...

§ 3.15. Citations to federal statutes and regulations.

A. When citing federal statutes, use the official name, together with a reference to the United States Code. If a USC number is not available, then a Public Law Number is acceptable. When citing federal regulations, cite the Code of Federal Regulations (CFR) if the regulation has been codified. If the regulation has been adopted but not codified in the CFR, cite the Federal Register (FR) reference.

Public laws (both acts and joint resolutions) are published in the official U.S. Statutes at Large. They are designated by the number of the Congress that passed them, and then in order of their approval. For example, Public Law No. 100-1 is the first public statute the 100th Congress enacted into law. U.S. public laws are the equivalent of Virginia’s Acts of Assembly.

The federal code of laws called the United States Code (USC) is the current subject compilation of permanent federal statutes of general applicability. The United States Code Annotated (USCA) and the United States Code Service (USCS) are commercially published versions of the USC containing the same statutes but providing additional research aids.

References to federal statutory and regulatory compilations are abbreviated as follows:

Federal Material	Abbreviation
U.S. Statutes at Large	Stat.
United States Code	USC
United States Code Annotated	USCA
United States Code Service	USCS
Public Law Number	Pub. L. No. (do not use P.L.)
Code of Federal Regulations	CFR
Federal Register	FR

EXAMPLES

Solid Waste Disposal Act (42 USC § 3251 et seq.)

Endangered Species Act of 1973 (16 USC § 1531 et seq.)

Commercial Motor Vehicle Safety Act of 1986 (49 USC § 2501 et seq.)

Organized Crime Control Act of 1970 (18 USC § 841 et seq.)

For citations at the section level, use the section symbol (§) with the number, letter combination and indicate the source.

EXAMPLES

§ 307(a) of the federal Clean Water Act § 112(a)(2)(C) of the federal Clean Air Act

§ 141.2 of the federal Safe Drinking Water Act § 504 of the Rehabilitation Act of 1973

B. When distinguishing a federal statute from a state statute, the term “federal” may be used prior to a reference to a federal act. The term “federal” is lower case unless it is part of the proper name of the statute. For example, it is correct to cite the “Federal Hazardous Substances Act” because the term “Federal” is part of its short title. On the other hand, the short title of the “Safe Drinking Water Act” does not include the word “Federal,” so that act is cited as the “federal Safe Drinking Water Act” when distinguishing it from a state act.

EXAMPLES

“Maintenance area” means any geographic region of the United States previously designated nonattainment under § 107 of the federal Clean Air Act and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan.

“RCRA” means the federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.).

Section 1538 of the federal Endangered Species Act of 1973 (16 USC § 1531 et seq.) makes it illegal for any person subject to the jurisdiction of the United States to “take” any federally endangered or threatened species of fish or wildlife without a special exemption.

C. Cite the Federal Register by volume and page number with the date. The approved short form of citation is “FR.” Thus, 62 FR 52622 (October 8, 1997) refers to text on page 52622 of Volume 62 published on October 8, 1997. See § 8.3 of this manual for more examples.

D. Cite the Code of Federal Regulations by title and section numbers. “CFR” is the approved short form. Thus, 7 CFR 1.1 refers to text at § 1.1 of Title 7. To refer to an entire part of the Code of Federal Regulations, use the following format: 42 CFR Part 70. To refer to a subpart, use the following format: 40 CFR Part 141 Subpart B; 40 CFR Part 763, Subpart E.

EXAMPLES

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency unless other procedures have been specified in this permit.

b. The designated representative or any other person specified in this definition for any other purposes under this article or 40 CFR Part 70.

Article 4.
Composition and Style Guidelines for Document Drafting.

§ 3.16. Application of composition and style guidelines.

A. The composition and style guidelines in this manual are intended to provide editorial assistance in drafting documents to be published in the Virginia Register and the Virginia Administrative Code.

These guidelines are not intended to be inflexible rules, nor are they complete in scope. The staff of the Registrar of Regulations hopes that use of these suggestions, together with attention to good English usage, will produce greater clarity and accuracy in the texts of official documents. In preparing documents for publication, the staff will edit text to conform to these guidelines as closely as possible.

B. Specific questions may arise that are not covered within this article due to the general nature of these guidelines. Refer to the following reference books concerning matters of style, spelling, usage, and word division:

1. “The Chicago Manual of Style, 15th Edition,” University of Chicago Press Staff (2003); and

2. “The American Heritage College Dictionary, Fourth Edition,” Houghton Mifflin Company (2004).

§ 3.17. General guidelines.

A. In general, keep the language of the text as clear and simple as possible. When drafting, remember that documents should be written so that the general public can understand them. Avoid using language that only individuals with specialized knowledge can understand. Consistency of expression, logical arrangement, and adherence to accepted usage aid readability.

B. Strive for consistency of terminology, expression and arrangement. Avoid using the same word or term in more than one sense. Conversely, avoid using different words to denote the same idea. Apply the principles of consistency to phrases, sentences, paragraphs, arrangement and format. For example, in the text of a regulation, two or more subdivisions that are similar in substance should be parallel in form.

C. When using lists and series, each sentence or sentence portion must be of the same grammatical construction and relate to a common theme. This concept is called parallel structure. See also § 3.20, Lists, for more on keeping lists parallel.

EXAMPLE

AVOID: The committee reviewed the processes for determining claims and how payments were made.

REVISED: The committee reviewed the processes for determining claims and for making payments.

D. In general, keep a document simple and short to avoid confusion and misunderstanding. In the case of regulatory drafting, divide a lengthy text into more than one regulation in order to avoid the complexities entailed in multiple sections and to make the text easier to read. Avoid long sentences where short ones will suffice.

E. Ordinarily, use the present tense of verbs. However, the future tense is appropriate when using the imperative “shall.” Section 3.22 of this part provides additional information on the use of “shall.”

F. Generally, use the active rather than the passive voice.

EXAMPLE

AVOID: Members of the committee are appointed by the chairman.

REVISED: The chairman shall appoint members of the committee.

G. Use the third person.

EXAMPLE

AVOID: You shall file the appropriate forms.

REVISED: The applicant shall file the appropriate forms.

H. If an idea can be accurately expressed either positively or negatively, express it positively. The negative form is appropriate where a provision expresses a prohibition. Negative words should not be used where provisions provide only advisory guidance.

EXAMPLE

AVOID: A person may not ...

REVISED: No person may ...

§ 3.18. Rules of construction.

In the drafting of regulations, the rules of construction and definitions as established in Article 2 (§ 1-202 et seq.) of Chapter 2.1 of Title 1 of the Code of Virginia shall apply.

§ 3.19. Gender.

Avoid using pronouns that indicate gender. When possible, use the noun that the pronoun would replace, such as licensee, certificate holder, etc. However, if pronoun gender must be indicated, use “his” instead of “his/her” and “he” instead of “he/she” or “(s)he.” The use of the masculine gender is addressed in § 1-216 of the Code of Virginia. Do not use “they” or “their” with a singular subject.

EXAMPLE

b. The individual is living with a primary caregiver, who is providing the service voluntarily and without pay, and