VSARA
Secretary of State Office
1078 U.S. Rte. 2, Middlesex
Montpelier, Vt.
05633-7701
Contact Information
Notices for Week of: January 29, 2009

PROPOSED STATE RULES


By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.

To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible

To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).


Educator Licensing Rules: Code of Professional Ethics and Rules of Professional Conduct for Vermont Educators; Waiver of Praxis I Requirement; and Technical Corrections.

Vermont Proposed Rule: 09P005

AGENCY: Dept. of Education/Board of Education

CONCISE SUMMARY: (a) The ethics code portion of these regulations speaks to the essential qualities of the competent and caring educator, including moral integrity, humane attitudes, reflective practice, and a sound understanding of academic content and pedagogy. The public vests educators with trust and responsibility for educating the children of Vermont. Fulfilling this charge requires educators to demonstrate the highest standards of professional conduct. The statement of fundamental principals, which all Vermont educators should follow, includes an enumeration of examples of unprofessional conduct which could subject an educator to licensing action; (b) The technical corrections portion of these regulations clarifies rules relating to career and Technical Education endorsement; and (c) The Praxis I waiver requirements put into regulation current Standards Board policies relating to exempting from Praxis I, individuals with disabilities who meet other conditions.

TYPE OF PERSONS AFFECTED: Teachers; public and private school administrators and their boards; Vermont students; the Department of Education; Vermont NEA, and attorneys practicing in the area of education.

COST BENEFIT ANALYSIS: None

SCHEDULED HEARINGS: Wednesday, February 25, 2009, from 1:00 - 3:00 p.m., Vermont Department of Education, Conference Room, 1311 U.S. Route 302, Berlin Vermont.

DEADLINE FOR PUBLIC COMMENT: March 9, 2009

FOR FURTHER INFORMATION, CONTACT: Robert A. Gross Assistant Director of Educator Quality, Vermont Department of Education 120 State St., Montpelier, VT 05620-2501 802-828-6544 bob.gross@state.vt.us 

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Eliminating Adult Chiropractic Coverage in Medicaid and the Vermont Health Access Plan (VHAP).

Vermont Proposed Rule: 09P006

AGENCY: Human Services

CONCISE SUMMARY: This bulletin implements the elimination of services from a chiropractor for adults in Medicaid and the Vermont Health Access Plan (VHAP). This returns the rules to their status prior to July 1, 2008 when these services began to be covered. This includes returning the coverage from a chiropractor for children to only manipulation for subluxation as reflected in the existing rule at M640. These services are optional according to federal law, so their elimination for adults is allowable within the boundaries of federal law. This action is being taken because of the extreme fiscal crisis in the state. Elimination of this benefit has been agreed to by the Administration and the Joint Fiscal Committee of the Vermont legislature, and was approved by the Joint Fiscal Committee on December 19, 2008.

TYPE OF PERSONS AFFECTED: Beneficiaries, chiropractors, advocates, health care ombudsman.

COST BENEFIT ANALYSIS: This change is anticipated to save $193,000 in general fund dollars.

SCHEDULED HEARINGS: February 23, 2009 at 1:00 at the Office of Vermont Health Access Clinical Conference Room, 289 Hurricane Lane, Williston, Vermont 05495.

DEADLINE FOR PUBLIC COMMENT: March 2, 2009

FOR FURTHER INFORMATION, CONTACT: Esther Perelman Office of Vermont Health Access 312 Hurricane Lane, Suite 201 Williston, Vermont

05495 802-279-5903.

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Natural Resources: Act 250 Rules

Vermont Proposed Rule: 09P007

AGENCY: Natural Resources Board: Land Use Panel

CONCISE SUMMARY: The Land Use Panel of the Natural Resources Board adopted the Act 250 Rules on May 1, 2006 and further amended them in 2007. This series of revisions to the act 250 procedural rules will provide greater clarification of legal precedent and statutory requirements. Specific amendments include: a simplified method for calculating the number of subdivided lots; a clarification of the term "construction of improvements" with an exemption for de-minimus activities; a new definition for "dwelling unit"; a revised computation of filing deadlines; a requirement for electronic filing of application materials when practical; a requirement to file court orders resulting from appellate review; a clarification of "utility line" jurisdiction; and, other changes necessary to conform with statutory requirements.

TYPE OF PERSONS AFFECTED: Developers, applicants for permits, business entities, consultants, engineers, attorneys, municipalities, municipal planning commissions, regional planning commissions, any affected state agency, and other interested persons involved in Act 250 proceedings.

COST BENEFIT ANALYSIS: Since these rules are procedural in nature and do not add significant new requirements for applicants, it is not expected that they will have any direct economic impact on citizens of the State.

SCHEDULED HEARINGS: February 24, 2009 10:00 AM - Natural Resources Board Conference Room, National Life Records Center, Montpelier, Vermont.

DEADLINE FOR PUBLIC COMMENT: March 6, 2009.

FOR FURTHER INFORMATION, CONTACT: Michael Zahner, Executive Director, Vermont Natural Resources Board, National Life Records Center Building, Montpelier, Vermont 05620 802-828-3300 michael.zahner@state.vt.us 

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Child Protection Registry

Vermont Proposed Rule: 09P001

AGENCY: Dept. for Children and Families (DCF)

FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau, DCF Family Services 103 S. Main Street, Osgood 3 Waterbury, VT 05671-2401 (802) 241-2669 Sheila.Duranleau@ahs.state.vt.us

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Maintenance and Access to DCF Family Services Investigation, Assessment and Administrative Review Records.

Vermont Proposed Rule: 09P002

AGENCY: Dept. for Children and Families (DCF)

FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau, DCF/Family Services 103 South Main St., Osgood 3 Waterbury, VT 05671-2401 (802)241-2669 Sheila.duranleau@ahs.state.vt.us

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Administrative Review Process

Vermont Proposed Rule: 09P003

AGENCY: Dept. for Children and Families (DCF)

FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau DCF/Family Services 103 S. Main St., Osgood 3, Waterbury, VT 05671-2401 (802)241-2669 Sheila.duranleau@ahs.state.vt.us

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Response to Child Abuse and Neglect.

Vermont Proposed Rule: 09P004

AGENCY: Dept. for Children and Families (DCF)

FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau DCF/Family Services 103 S. Main St., Osgood 3, Waterbury, VT 05671-2401 (802) 241-2669 Sheila.Duranleau@ahs.state.vt.us


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If you have general questions about the rulemaking process, please contact
Louise Corliss by e-mail at or by phone 802-828-2863

 

This page was last updated on:   2009-12-11.