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An Act to amend and reenact §§
54.1-201
,
54.1-516
,
54.1-602
,
54.1-902
,
54.1-1110
,
54.1-1134
,
54.1-2208.4
, and
54.1-2314
of the Code of Virginia, relating to professions and occupations; powers and duties of regulatory boards; disciplinary action; dismissal.
Be it enacted by the General Assembly of Virginia:
1. That §§
54.1-201
,
54.1-516
,
54.1-602
,
54.1-902
,
54.1-1110
,
54.1-1134
,
54.1-2208.4
, and
54.1-2314
of the Code of Virginia are amended and reenacted as follows:
§
54.1-201
. Powers and duties of regulatory boards.
A. The powers and duties of regulatory boards shall be as follows:
1. To establish the qualifications of applicants for certification or licensure by any such
regulatory
board, provided that all qualifications shall be necessary to ensure either competence or integrity to engage in such profession or occupation.
2. To examine, or cause to be examined, the qualifications of each applicant for certification or licensure within its particular regulatory system, including when necessary the preparation, administration
,
and grading of examinations.
3. To certify or license qualified applicants as practitioners of the particular profession or occupation regulated by such
regulatory
board.
4. To levy and collect fees for certification or licensure and renewal that are sufficient to cover all expenses for the administration and operation of the regulatory board and a proportionate share of the expenses of the Department of Professional and Occupational Regulation and the Board for Professional and Occupational Regulation.
5. To promulgate regulations in accordance with the Administrative Process Act (§
2.2-4000
et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners
,
and to effectively administer the regulatory system administered by the regulatory board. The regulations shall not be in conflict with the purposes and intent of this chapter or of Chapters 1 (§
54.1-100
et seq.) and 3 (§
54.1-300
et seq.).
6. To ensure that inspections are conducted relating to the practice of each practitioner certified or licensed by the regulatory board to ensure that the practitioner is conducting his practice in a competent manner and within the lawful regulations promulgated by the
regulatory
board.
7. To place a regulant on probation or revoke, suspend
,
or fail to renew a certificate or license for just causes as enumerated in regulations of the
regulatory
board.
A regulatory board may take a disciplinary case against a licensee under advisement, defer a finding in such case, and dismiss such action upon terms and conditions set by the Board for Professional and Occupational Regulation.
Conditions of probation
or dismissal
may include
, but not be limited to
the successful completion of remedial education or examination.
8. To receive complaints concerning the conduct of any regulant and to take appropriate disciplinary action if warranted.
9. To provide a regulant subject to a disciplinary action with a notice advising the regulant of his right to be heard at an informal fact-finding conference pursuant to §
2.2-4019
of the Administrative Process Act
(§
2.2-4000
et seq.)
. The notice shall state that if the regulant does not request an informal fact-finding conference within 30 days of receipt of the notice, the
regulatory
board may issue a case decision as defined in §
2.2-4001
, with judicial review of the case decision in accordance with §
2.2-4026
. If the regulant asserts his right to be heard prior to the
regulatory
board issuing its case decision, the
regulatory
board shall remand the case to an informal fact-finding conference. The notice required by this subdivision shall be sent in a manner that allows for confirmation of delivery or, if agreed to by the parties, through electronic means, provided that the
regulatory
board retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
10. To promulgate canons of ethics under which the professional activities of regulants shall be conducted.
B. A regulant shall furnish, upon the request of a person to whom the regulant is providing or offering to provide service, satisfactory proof that the regulant (i) is duly licensed, certified, or registered under this subtitle and (ii) has obtained any required bond or insurance to engage in his profession or occupation.
C. As used in this section, "regulant" means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this subtitle to be licensed, certified, or registered.
§
54.1-516
. Disciplinary actions.
A.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board may reprimand, fine, suspend or revoke (i) the license of a lead contractor, lead inspector, lead risk assessor, lead project designer, lead supervisor, lead worker, asbestos contractor, asbestos supervisor, asbestos inspector, asbestos analytical laboratory, asbestos management planner, asbestos project designer, asbestos project monitor, asbestos worker, or home inspector or (ii) the approval of an accredited asbestos training program, accredited lead training program, training manager or principal instructor, if the licensee or approved person or program:
1. Fraudulently or deceptively obtains or attempts to obtain a license or approval;
2. Fails at any time to meet the qualifications for a license or approval or to comply with the requirements of this chapter or any regulation adopted by the Board; or
3. Fails to meet any applicable federal or state standard when performing an asbestos project or service or performing lead-based paint activities.
B.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board may reprimand, fine, suspend or revoke the license of (i) any asbestos contractor who employs or permits an individual without an asbestos supervisor's or worker's license to work on an asbestos project or (ii) any lead contractor who employs or permits an individual without a lead supervisor's or lead worker's license to work on a lead abatement project.
C.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board may reprimand, fine, suspend or revoke the license of a home inspector.
§
54.1-602
. Auctioneers Board; membership, meetings and powers.
A. The Auctioneers Board shall be composed of five members as follows: three shall be Virginia licensed auctioneers and two shall be citizen members. Board members shall serve four-year terms.
The Board shall meet at least once each year for the purpose of transacting business. Special meetings of the Board may be held at the discretion of the Director.
B.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board shall have the following authority and responsibilities:
1. Establish regulations to obtain and retain licensure of auctioneers.
2. Make all case decisions regarding eligibility for initial licensure and renewal thereof.
3. To fine, suspend, deny renewal or revoke for cause, as defined in regulation, any license.
4. To examine auctioneers for licensure.
§
54.1-902
. Regulations; suspension or revocation of license; penalty for violation.
A.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board is authorized to promulgate regulations necessary for the proper government and regulation of pilots and to prescribe penalties for the violation of regulations in accordance with the provisions of the Administrative Process Act (§
2.2-4000
et seq.). Regulations may include the right to suspend or revoke the branch of any pilot. Such suspension or revocation may be in addition to any other penalty imposed by law for the violation.
Reasonable notice and an opportunity to be heard in accordance with the Administrative Process Act shall be given before the Board shall take any action to revoke or suspend the license of any licensee.
B. The Board may suspend a license of any person without a hearing, simultaneously with the institution of proceedings for a hearing, if it finds that there is substantial danger to the public health or safety which warrants such action. The Board may meet by telephone conference call when summarily suspending a license, if a good faith effort to assemble a quorum of the Board has failed and in the judgment of a majority of the members of the Board, the continued practice of the licensee constitutes a substantial danger to the public health or safety. Institution of proceeding for a hearing shall be provided simultaneously with the summary suspension. The hearing shall be scheduled within a reasonable time of the date of the summary suspension.
C. Before any penalty for violation of the regulations may be imposed, a printed copy of the regulations shall be furnished to each pilot.
§
54.1-1110
. Grounds for denial or revocation of license or certificate.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board shall have the power to require remedial education, suspend, revoke, or deny renewal of the license or certificate of any contractor who is found to be in violation of the statutes or regulations governing the practice of licensed or certified contractors in the Commonwealth.
The Board may suspend, revoke, or deny renewal of an existing license or certificate, or refuse to issue a license or certificate, to any contractor who is shown to have a substantial identity of interest with a contractor whose license or certificate has been revoked or not renewed by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principals of the contractor whose license or certificate has been revoked or nonrenewed, (ii) substantially identical principals or officers, or (iii) the same designated employee as the contractor whose license or certificate has been revoked or not renewed by the Board.
Additionally, the Board may suspend, revoke or deny renewal of an existing license or certificate, or refuse to issue a license or certificate to any contractor who violates the provisions of Chapter 5 (§
60.2-500
et seq.) of Title 60.2 and Chapter 8 (§
65.2-800
et seq.) of Title 65.2.
Any person whose license is suspended or revoked by the Board shall not be eligible for a license or certificate under any circumstances or under any name, except as provided by regulations of the Board pursuant to §
54.1-1102
.
§
54.1-1134
. Grounds for denial or revocation of certification or license; reports of building officials and others.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board shall have the power to require remedial education and to suspend, revoke
,
or deny renewal of the certification or license of any individual who is found to be in violation of the statutes or regulations governing the practice of licensed tradesmen, liquefied petroleum gas fitters or natural gas fitter providers
,
or certified backflow prevention device workers in the Commonwealth.
Any building official who finds that an individual is practicing as a tradesman, elevator mechanic, liquefied petroleum gas fitter or natural gas fitter provider without a license as required by this article shall file a report to such effect with the Board. Any water purveyor or building official who finds that an individual is practicing as a backflow prevention device worker without a certificate, if a certificate is required by the locality in which an individual is engaging in backflow prevention device worker activities, shall file a report to such effect with the Board.
Any building official who has reason to believe that (i) a tradesman, liquefied petroleum gas fitter or natural gas fitter provider is performing incompetently as demonstrated by an egregious or repeated violation of the Uniform Statewide Building Code (§
36-97
et seq.) or (ii) a certified backflow prevention device worker is performing incompetently as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the Virginia Uniform Statewide Building Code shall file a report to such effect with the Board. Any water purveyor who has reason to believe that a certified backflow prevention device worker is performing incompetently as demonstrated by an egregious or repeated violation of the standards adopted by the American Society of Sanitary Engineering referenced in the plumbing code adopted by the Virginia Uniform Statewide Building Code shall file a report to such effect with the Board and local building official.
§
54.1-2208.4
. Professional ethics and conduct.
A. The Board, in coordination with an ad hoc panel of licensed professional geologists convened by the Board and representing various geological interests in Virginia, shall have prepared and adopted a Code of Professional Ethics and Conduct that shall be published and made known in writing to every Virginia licensed professional geologist and applicant for licensure under this article. The Board may revise and amend this code as needed and shall forthwith notify each licensed professional geologist in writing of such revisions or amendments.
B.
The full
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board, by majority vote, shall have the power to suspend, revoke, or refuse to renew the license of any professional geologist who, after an appropriate formal hearing, is found to have been involved in:
1. Any fraud or deceit in obtaining licensure;
2. Any violation of the Code of Professional Ethics and Conduct or other regulations of the Board;
3. Demonstrated gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; or
4. Any conviction of a felony which, in the opinion of the Board, would adversely affect the practice of geology.
C. The Board, by majority vote of the quorum, may reinstate a revoked or suspended license to any professional geologist who makes written application to the Board showing good cause for such action.
§
54.1-2314
. Refusal, suspension, or revocation of license or registration.
The
In addition to the applicable provisions of §§
54.1-201
and
54.1-202
, the
Board may refuse to license or register any applicant, suspend a license or registration for a stated period or indefinitely, revoke any license or registration, censure or reprimand any person licensed or registered by the Board or place such person on probation for such time as it may designate for any of the following causes related to the sale or offering to the public of cemetery vaults, grave liners, urns, memorials, markers
,
or monuments:
1. Conviction of any felony or any crime involving moral turpitude;
2. Unprofessional conduct which is likely to defraud or to deceive the public or clients;
3. Misrepresentation or fraud in the conduct of the cemetery company or its sales personnel, or in obtaining or renewing a license or registration;
4. False or misleading advertising;
5. Solicitation in violation of subsection B of §
54.1-2327
;
6. Direct or indirect payment or offer of payment of a commission to others by the licensee, his sales representatives, agents, or employees for the purpose of securing business;
7. Use of alcohol or drugs to the extent that such use renders him unsafe to practice his licensed or registered activity;
8. Aiding or abetting an unlicensed person to engage in the business of a cemetery company;
9. Using profane, indecent or obscene language within the immediate hearing of the family or relatives of a deceased, whose body has been interred or otherwise disposed of;
10. Violation of any statute, ordinance
,
or regulation affecting the handling, custody, care or transportation of dead human bodies;
11. Failure to comply with subsection A of §
54.1-2327
and to keep on file an itemized statement of all retail prices and fees charged related to the sale of property or services as required by Board regulations and this chapter;
12. Charging third-party handling fees, which shall not include installation fees; and
13. Refusing to honor the transfer of preneed contract arrangements to another party. However the licensee shall not be responsible for paying additional costs associated with any actual transfer.