License required.controversial regulatory changes and conflicts of interest

Strongly object to potentiallly controversial regulatory changes proposed for onsite soil evaluators, in particular, and all Onsite Sewage Systems Professionals, in general.  The Board is proposing multiple regulatory amendments with Chapter 40 (18VAC160-40) without a single legislative mandate.

The proposed regulations, as written, may have an irreversible impact on the onsite profession.  What "vicious legislation" is being hidden by a "deceptive title?"  A definitive standard of care has not been adopted.  The Board has failed to design new regulations that will protect the health, safety, and welfare of Virginia citizens.

18VAC160-20-74. License required.C.

...The board shall issue a license only after an individual has met all experience and examination requirements as set forth in this chapter.

For instance, the proposed usage of Licensee in this new Chapter 40 appears to be an unequal substitute hiding an unexamined worker behind the term.

Further, the proposed useage of Notwithstanding at the begining of proposed Section 230.A. fails to clarify whether the referenced clause is overlapping, contradictory, or having equality with the provisions of Chapter 4 (§ 54.1-400 et seq.).  This proposed language requires a disambiguation of whether the rights and due of process of licensed regulants was maintained with this change.  To what extent, is this change a violation of Virginia Administrative Process Act (APA), Executive Orders 17 (2014) and 58 (1999), and the Virginia Register
Form, Style, and Procedure Manual?  Is this an instance of where one Board is potentially restraining the trade of another? 

Please seek an opinion from the Attorney General concerning all applicable changes as to the extent they comply and are consistent with the Code of Virginia.  Perhaps, the Governor should include a comment or two on the merits of these proposed regulations for protecting the health, safety, and welfare of Virginia citizens. .

Suggest the proposed language be removed and amended under 18VAC160-40-230, as follows:

18VAC160-40-230. License required.

A. Notwithstanding the provisions of Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, no No individual shall evaluate soils and soil properties for suitability as locations for or design conventional or alternative onsite sewage systems without possessing a valid license issued by the board.

18VAC160-40-480. Conflicts of interest.

The licensee Individuals holding any evaluator, installer, or operator license shall:

1. Promptly and fully inform an employer or client of any business association, interest, or circumstance that may influence the licensee regulant's judgment of the quality of service.

4. Not solicit or accept gratuities, directly or indirectly, from contractors or their agents or other parties dealing with a client or employer in connection with work for which the licensee regulant is responsible.