Action | Amend regulations to license onsite sewage system professionals. |
Stage | Proposed |
Comment Period | Ended on 3/6/2009 |
I recommend the Board include the following language in the regulations:
A. No license, certificate, or registration shall be suspended or revoked, nor shall any regulant be fined unless a majority of the members of the entire board who are eligible to vote, vote for the action. The board may suspend or revoke any license, certificate, certificate of authority or registration, or fine any regulant, if the board finds that: 1. The license, certification or registration was obtained or renewed through fraud or misrepresentation; 2. The regulant has been found guilty by the board, or by a court of competent jurisdiction, of any material misrepresentation in the course of professional practice, or has been convicted, pleaded guilty or found guilty, regardless of adjudication or deferred adjudication, of any felony or misdemeanor which, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter; 3. The regulant is guilty of professional incompetence, negligence, or gross negligence;.
All regulants shall notify the board of any change of address, in writing, within 30 days of making the change. When submitting a change of address, any regulant holding more than one license, certificate or registration shall inform the board of all licenses, certificates or registrations affected by the change. A physical address is required. A post office box will not be accepted.
4. The regulant has abused drugs or alcohol to the extent that professional competence is
adversely affected;
5. The regulant violates any standard of practice and conduct, as defined in this chapter;
or
6. The regulant violates or induces others to violate any provision of Chapters 1 through
4 of Title 54.1 or Chapters 7 and 13 of Title 13.1 of the Code of Virginia, as amended,
or any other statute applicable to the practice of the professions herein regulated, or
any provision of this chapter.
B. If evidence is furnished to the board which creates doubt as to the competency of a regulant to
perform professional assignments, the board may require the regulant to prove competence by
interview, presentation or examination. Failure to appear before the board, pass an
examination, or otherwise demonstrate competency to the board shall be grounds for
revocation or suspension of the license, certification or registration
Sanctions.