Agencies | Governor
Virginia Regulatory Town Hall

Proposed Text

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Action:
2021 General Review
Stage: Proposed
3/14/22  12:27 PM
 
18VAC48-50-10 Definitions

A. Section 54.1-2345 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Association"

"Board"

"Common interest community"

"Common interest community manager"

"Declaration"

"Governing board"

"Lot"

"Management services"

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

"Active status" means the status of for a certificated person who is in the employ of a common interest community manager.

"Address of record" means the mailing address designated by the regulant to receive notices and correspondence from the board. Notice mailed to the address of record by certified mail, return receipt requested, shall will be deemed valid notice.

"Applicant" means a common interest community manager who has submitted an application for licensure or an individual who has submitted an application for certification.

"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.

"Certified principal or supervisory employee" refers to any individual who has principal responsibility for management services provided to a common interest community or who has supervisory responsibility for employees who participate directly in the provision of management services to a common interest community, and who holds a certificate issued by the board.

"Contact hour" means 50 minutes of instruction.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight and direction of, and control over, the work of another.

"Firm" means a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth of Virginia and properly registered, as may be required, with the Virginia State Corporation Commission.

"Principal responsibility" means having the primary obligation for the direct provision of management services provided to a common interest community.

"Qualifying individual" means the supervisory employee, officer, owner, manager, or principal, howsoever denominated, involved in all aspects of the management services offered and provided by the firm who is designated by the firm to qualify for licensure as a common interest community manager as permitted under 18VAC48-50-30 K.

"Regulant" means a common interest community manager as defined in § 54.1-2345 of the Code of Virginia who holds a license issued by the board or an individual who holds a certificate issued by the board.

"Reinstatement" means the process and requirements through which an expired license or certificate can be made valid without the regulant having to apply as a new applicant.

"Renewal" means the process and requirements for periodically approving the continuance of a license or certificate.

"Responsible person" means the employee, officer, manager, owner, or principal, howsoever denominated, of the firm who shall be designated by each firm to ensure compliance with Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, and all regulations of the board, and to receive communications and notices from the board that may affect the firm. In the case of a sole proprietorship, the sole proprietor shall have the responsibilities of the responsible person.

"Sole proprietor" means any individual, not a corporation or other registered business entity, who is trading under his own name, or under an assumed or fictitious name pursuant to the provisions of Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.

"Supervisory responsibility" means providing formal supervision of the work of at least one other person. The individual who has supervisory responsibility directs the work of another employee or other employees, has control over the work performed, exercises examination and evaluation of the employee's performance, or has the authority to make decisions personally that affect the management services provided.

18VAC48-50-15 Necessity for licensure of firms and certification of employees

A. Unless exempted by § 54.1-2347 of the Code of Virginia, any firm offering management services to a common interest community must hold a license as a common interest community manager.

B. In accordance with § 54.1-2346 C of the Code of Virginia, all employees of a licensed common interest community manager who have principal responsibility for management services provided to a common interest community or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community must, within two years after employment with the common interest community manager, hold a certificate issued by the board certifying the person possesses the character and minimum skills to engage properly in the provision of management services to a common interest community or must be under the direct supervision of a certified employee of the common interest community manager.

18VAC48-50-20 Application procedures

A. All applicants firms or individuals seeking licensure or certification shall must submit an application with the appropriate fee specified in 18VAC48-50-60. Application shall will be made on forms provided by the board or its agent.

1. By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

2. The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall must be completed in accordance with the instructions contained herein in this section and on the application. Applications will not be considered complete until all required documents are received by the board.

C. An individual or firm The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual or firm A firm or individual that fails to complete the application process within 12 months of receipt of the application in the board's office must submit a new application and fee.

D. The applicant must immediately report, in writing, all changes in information supplied with the application prior to issuance of the license or certificate or expiration of the application.

18VAC48-50-30 Qualifications for licensure as a common interest community manager

A. Firms that provide common interest community management services shall submit an application on a form prescribed by the board and shall Each firm applying for a common interest community manager license must meet the requirements set forth in § 54.1-2346 of the Code of Virginia, as well as the additional qualifications of this section.

B. Any firm offering management services as defined in § 54.1-2345 of the Code of Virginia shall hold a license as a common interest community manager. All names under which the common interest community manager conducts business shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Firms shall must be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia. Firms shall register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

C. The applicant for a common interest community manager license must disclose the name under which the firm conducts business and holds itself out to the public. The firm must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia before submitting an application to the board.

C. D. The applicant for a common interest community manager license shall must disclose the firm's mailing address, and the firm's physical address, and the address of the office from which the firm provides management services to Virginia common interest communities. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. E. In accordance with § 54.1-204 of the Code of Virginia, each applicant for a common interest community manager license shall must disclose the following information about the firm, the responsible person, the qualifying individual, and any of the principals of the firm:

1. All felony convictions.

2. All misdemeanor convictions, except marijuana convictions, in any jurisdiction that occurred within three years of the date of application.

3. Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

The board, in its discretion, may deny licensure to an applicant in accordance with § 54.1-204 of the Code of Virginia.

E. F. The applicant for a common interest community manager license shall must submit evidence acceptable to the board of having obtained a blanket fidelity bond or employee dishonesty insurance policy in accordance with § 54.1-2346 D of the Code of Virginia and 18VAC48-50-33. Proof of current bond or insurance policy with the firm as the named bondholder or insured must be submitted in order to obtain or renew the license. The bond or insurance policy must be in force no later than the effective date of the license and shall remain in effect through the date of expiration of the license.

F. G. The applicant for a common interest community manager license shall must be in compliance with the standards of conduct and practice set forth in Part V (18VAC48-50-140 et. seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the license is in effect.

G. The applicant for a common interest community manager license, the responsible person, and any principals of the firm shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered and the board, in its discretion, may deny licensure to any applicant who has been subject to, or whose principals have been subject to, or any firm in which the principals of the applicant for a common interest community manager license hold a 10% or greater interest have been subject to, any form of adverse disciplinary action, including reprimand, revocation, suspension or denial, imposition of a monetary penalty, required to complete remedial education, or any other corrective action, in any jurisdiction or by any board or administrative body or surrendered a license, certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining licensure in Virginia.

H. The applicant for a common interest community manager license must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm, its principals, the qualifying individual, and the responsible person, to include any reprimand, suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

H. I. The applicant for a common interest community manager license shall must provide all relevant information about the firm, the responsible person, the qualifying individual, and any of the principals of the firm for the seven years prior to application on any outstanding judgments, past-due tax assessments, defaults on bonds, or pending or past bankruptcies and specifically shall must provide all relevant financial information related to providing management services as defined in § 54.1-2345 of the Code of Virginia. The applicant for a common interest community manager license shall further disclose whether or not one or more of the principals who individually or collectively own more than a 50% equity interest in the firm are or were equity owners holding, individually or collectively, a 10% or greater interest in any other entity licensed by any agency of the Commonwealth of Virginia that was the subject of any adverse disciplinary action, including revocation of a license, within the seven-year period immediately preceding the date of application.

I. An J. The applicant for a common interest community manager license shall must hold an active designation as an Accredited Association Management Company by the Community Associations Institute.

J. Prior to July 1, 2012, in lieu of the provisions of subsection I of this section, an application for a common interest community manager license may be approved provided the applicant certifies to the board that the applicant has:

1. At least one supervisory employee, officer, manager, owner, or principal of the firm who is involved in all aspects of the management services offered and provided by the firm and who has satisfied one of the following criteria:

a. Holds an active designation as a Professional Community Association Manager by Community Associations Institute;

b. Has successfully completed a comprehensive training program as described in 18VAC48-50-250 B, as approved by the board, and has at least three years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services;

c. Has successfully completed an introductory training program as described in 18VAC48-50-250 A, as approved by the board, and has at least five years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services; or

d. Has not completed a board-approved training program but who, in the judgment of the board, has obtained the equivalent of such training program by documented course work that meets the requirements of a board-approved comprehensive training program as described in Part VI (18VAC48-50-230 et seq.) of this chapter and has at least 10 years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services.

2. At least 50% of persons in the firm with principal responsibility for management services to a common interest community in the Commonwealth of Virginia have satisfied one of the following criteria:

a. Hold an active designation as a Professional Community Association Manager and certify having provided management services for a period of 12 months immediately preceding application;

b. Hold an active designation as a Certified Manager of Community Associations by the National Board of Certification for Community Association Managers and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application;

c. Hold an active designation as an Association Management Specialist and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application; or

d. Have completed a comprehensive or introductory training program, as set forth in 18VAC48-50-250 A or B, and passed a certifying examination approved by the board and certify having two years of experience in providing management services. Of the required two years of experience, a minimum of 12 months of experience must have been gained immediately preceding application.

K. Effective July 1, 2012, the applicant for a common interest community manager license shall attest that all employees of the firm who have principal responsibility for management services provided to a common interest community or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community shall, within two years after employment with the common interest community manager, hold a certificate as a certified principal or supervisory employee issued by the board or shall be under the direct supervision of a certified principal or supervisory employee.

L. Effective July 1, 2012, in In lieu of the provisions of subsection I J of this section, an application for a common interest community manager license may be approved provided the applicant certifies to the board that the applicant has at least one supervisory employee, officer, manager, owner, or principal of the firm who is involved in all aspects of the management services offered and provided by the firm and applicant for a common interest community manager license may designate a qualifying individual who has satisfied one of the following criteria:

1. Holds an active designation as a Professional Community Association Manager by Community Associations Institute;

2. Has successfully completed a comprehensive training program as described in 18VAC48-50-250 B, and a Virginia common interest community laws and regulations training module as described in 18VAC48-50-252, as approved by the board, and has at least three years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services;

3. Has successfully completed an introductory training program as described in 18VAC48-50-250 A, and a Virginia common interest community laws and regulations training module as described in 18VAC48-50-252, as approved by the board, and has at least five years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services; or

4. Has not completed a board-approved training program but, in the judgment of the board, has obtained the equivalent of such training program by documented coursework that meets the requirements of a board-approved comprehensive training program as described in Part VI (18VAC48-50-230 et seq.) of this chapter and has at least 10 years of experience in providing management services, the quality of which demonstrates to the board that the individual is competent to have supervisory responsibility or principal responsibility for management services.

The board, in its discretion, may consider other types of management experience that are substantially equivalent in nature to management services as defined in § 54.1-2345 of the Code of Virginia to fulfill the requirements of this subsection.

L. In accordance with § 54.1-2346 C of the Code of Virginia, the applicant for a common interest community manager license must disclose and provide the dates of employment for all employees of the firm who have principal responsibility for management services provided to a common interest community or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community.

M. The firm shall must designate a responsible person.

18VAC48-50-33 Blanket fidelity bond or employee dishonesty insurance policy to be obtained by common interest community manager

A. In accordance with § 54.1-2346 D of the Code of Virginia, a common interest community manager must obtain and maintain a blanket fidelity bond or employee dishonesty insurance policy insuring the common interest community manager against losses resulting from theft or dishonesty committed by the officers, directors, and persons employed by the common interest community manager. The bond or insurance policy must include coverage for losses of clients of the common interest community manager resulting from theft or dishonesty committed by the officers, directors, and persons employed by the common interest community manager. Such bond or insurance policy must provide coverage in an amount equal to the lesser of $2 million or the highest aggregate amount of the operating and reserve balances of all associations under the control of the common interest community manager during the prior fiscal year of the common interest community manager. The minimum coverage amount must be $10,000. The surety company or insurance company must be authorized to do business in Virginia.

B. A common interest community manager must provide the board with proof of current bond or insurance policy with the firm named as the bondholder or insured in order to obtain or renew a license. A bond or insurance policy complying with this chapter must be in force no later than the effective date of the license and remain in force during the period of licensure. Such proof must include (i) the name of the surety company or insurance carrier; (ii) the dollar amount of the bond or insurance policy; (iii) a description of coverage as it applies to the requirements in § 54.1-2346 D of the Code of Virginia; and (iv) the expiration date of the bond or insurance policy. The board may require a certified statement from the surety company or insurance carrier that the common interest community manager has sufficient coverage.

C. The bond or insurance policy obtained by the common interest community manager is separate from any insurance policy required for associations under the Property Owners' Association Act (§ 55.1-1800 et seq. of the Code of Virginia) or the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia).

18VAC48-50-35 Qualifications for certification as a certified principal or supervisory employee effective July 1, 2012

A. Principal or supervisory employees requiring certification pursuant to § 54.1-2346 of the Code of Virginia shall meet the requirements of this section and submit an application for certification on or after July 1, 2012 Each applicant for a principal or supervisory employee certificate must meet the requirements set forth in § 54.1-2346 of the Code of Virginia, and the additional qualifications of this section.

B. The applicant for certification shall must be at least 18 years of age.

C. The applicant for certification shall must have a high school diploma or its equivalent.

D. The applicant for certification shall must provide a mailing address. A post office box is only acceptable as a mailing address when a physical address is also provided. The mailing address provided shall will serve as the address of record.

E. In accordance with § 54.1-204 of the Code of Virginia, each applicant for certification shall must disclose the following information:

1. All felony convictions.

2. All misdemeanor convictions, except marijuana convictions, that occurred in any jurisdiction within three years of the date of application.

3. Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

The board, in its discretion, may deny licensure to an applicant in accordance with § 54.1-204 of the Code of Virginia.

F. The applicant for certification shall must be in compliance with the standards of conduct and practice set forth in Part V (18VAC48-50-140 et seq.) of this chapter at the time of application, while the application is under review by the board, and at all times when the certificate is in effect.

G. The applicant for certification shall be in good standing in Virginia and in every jurisdiction and with every board or administrative body where licensed, certified, or registered to provide management or related services; and the board, in its discretion, may deny certification to any applicant for certification who has been subject to any form of adverse disciplinary action, including reprimand, revocation, suspension or denial, imposition of a monetary penalty, requirement to complete remedial education, or any other corrective action, in any jurisdiction or by any board or administrative body or surrendered a license, certificate, or registration in connection with any disciplinary action in any jurisdiction prior to obtaining certification in Virginia.

G. The applicant for certification must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant to include any reprimand, suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny certification to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

H. The applicant for certification shall must provide all relevant information for the seven years prior to application on any outstanding judgments, past-due tax assessments, defaults on bonds, or pending or past bankruptcies, all as related to providing management services as defined in § 54.1-2345 of the Code of Virginia. The applicant for certification shall further disclose whether or not he was the subject of any adverse disciplinary action, including revocation of a license, certificate, or registration within the seven-year period immediately preceding the date of application.

I. An The applicant for certification may be certified provided the applicant provides must provide proof to the board that the applicant meets one of the following:

1. Holds an active designation as a Professional Community Association Manager by Community Associations Institute and certifies having provided management services for a period of three months immediately preceding application;

2. Holds an active designation as a Certified Manager of Community Associations by the National Board of Certification for Community Association Managers Community Association Managers International Certification Board and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of six months of experience must have been gained immediately preceding application;

3. Holds an active designation as an Association Management Specialist by Community Associations Institute and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of three months of experience must have been gained immediately preceding application; or

4. Has completed an introductory or comprehensive training program as set forth in 18VAC48-50-250 A or B and completed a Virginia common interest community laws and regulations training module as described in 18VAC48-50-252, and passed a certifying examination approved by the board and certifies having two years of experience in providing management services. Of the required two years of experience, a minimum of six months of experience must have been gained immediately preceding application.

J. The applicant for certification shall must provide the name of his the applicant's employing common interest community manager, if applicable.

18VAC48-50-37 Licensure and certification by reciprocity Firms or individuals licensed or certified in another jurisdiction

A. The board may waive the requirements of 18VAC48-50-30 I, J, and L 18VAC48-50-30 J and K and issue a license as a common interest community manager to an applicant who holds an active, current license, certificate, or registration in another state, the District of Columbia, or any other territory or possession of the United States provided the requirements and standards under which the license, certificate, or registration was issued are substantially equivalent to those established in this chapter and related statutes.

B. Effective July 1, 2012, the The board may waive the requirements of 18VAC48-50-35 I and issue a certificate as a certified employee to an applicant who holds an active, current license, certificate, or registration in another state, the District of Columbia, or any other territory or possession of the United States provided the requirements and standards under which the license, certificate, or registration was issued are substantially equivalent to those established in this chapter and related statutes.

18VAC48-50-40 Application denial

A. The board may refuse initial licensure or certification due to an applicant's failure to comply with entry requirements or for any of the reasons for which the board may discipline a regulant.

B. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC48-50-50 General fee requirements

All fees are nonrefundable and shall will not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall must be made payable to the Treasurer of Virginia.

18VAC48-50-60 Fee schedule

Fee Type

Fee Amount

Recovery Fund Fee* Assessment* (if applicable)

Total Amount Due

When Due

Initial Common Interest Community Manager Application

$100 $200

+

25

$125 $225

With application

Common Interest Community Manager Renewal

$100 $200

$100 $200

With renewal application

Common Interest Community Manager Reinstatement (includes a $200 reinstatement fee in addition to the regular $100 renewal fee)

$300

$300

With renewal application

Certified Principal or Supervisory Employee Initial Application

$75

$75

With application

Certified Principal or Supervisory Employee Renewal

$75

$75

With renewal application

Certified Principal or Supervisory Employee Reinstatement (includes a $75 reinstatement fee in addition to the regular $75 renewal fee)

$150

$150

With renewal application

Training Program or Training Module Provider Initial Application

$100

$100

With application

Training Program or Training Module Provider Additional Program

$50

$50

With application

*In accordance with § 54.1-2354.5 of the Code of Virginia.

18VAC48-50-90 Renewal required

A license Licenses and certificates issued under this chapter shall will expire one year two years from the last day of the month in which it was issued. A certificate issued under this chapter shall expire two years from the last day of the month in which it was issued. A fee shall be required for renewal.

18VAC48-50-95 Training required for certified principal or supervisory employees

A. Each certified principal or supervisory employee must complete six contact hours of training, all as approved by the board pursuant to Part VI (18VAC48-50-230 et seq.) of this chapter, during each certificate renewal cycle in accordance with the requirements of this section.

B. Each certified principal or supervisory employee must complete two contact hours of common interest community legal updates training, and two contact hours of fair housing training.

C. In addition to the requirements of subsection B, each certified principal or supervisory employee must complete two contact hours of training on any of the following subject areas as they relate to common interest communities and associations:

1. Governance, legal matters, and communications;

2. Financial matters, including budgets, internal controls, and assessments;

3. Reserves, reserve studies, and investments;

4. Contracting;

5. Risk management and insurance;

6. Management ethics for common interest community managers;

7. Facilities maintenance;

8. Human resources; or

9. Diversity, equity, and inclusion.

18VAC48-50-97 Maintenance of training records

Each certified principal or supervisory employee must maintain evidence of the satisfactory completion of training for at least three years following the end of the certificate renewal cycle for which the training was taken. Such documentation must be provided to the board or its duly authorized agents upon request. The following must be maintained by the certificateholder to document completion of the hours of training specified in 18VAC48-50-95:

1. Evidence of completion that must contain the name, address, and contact information of the training provider;

2. The dates the certificate holder participated in the training;

3. Descriptive material of the subject matter presented documenting that it covers the subject areas described in 18VAC48-50-95; and

4. A statement from the provider verifying the number of contact hours completed.

18VAC48-50-100 Expiration and Procedures for renewal

A. Prior to the expiration date shown on the license, licenses shall be renewed upon a licensee desiring to renew a common interest community manager license must return to the board (i) completion of the a completed renewal application, (ii) submittal of proof of current bond or insurance policy as detailed in 18VAC48-50-30 E required by 18VAC48-50-30 F and 18VAC48-50-33, and (iii) payment of the fees the appropriate fee specified in 18VAC48-50-60.

B. Prior to the expiration date shown on the certificate, certificates shall be renewed upon a certificateholder desiring to renew a principal or supervisory employee certificate must return to the board (i) completion of the a completed renewal application; (ii) submittal of proof of completion of two six hours of fair housing training as it relates to the management of common interest communities and two hours of Virginia common interest community law and regulation training in accordance with 18VAC48-50-95, both as approved by the board and completed within the two-year certificate period immediately prior to the expiration date of the certificate; and (iii) payment of the fees the appropriate fee specified in 18VAC48-50-60.

C. The board will mail a renewal notice to the regulant at the last known mailing address of record. Failure to receive this notice shall does not relieve the regulant of the obligation to renew. If the regulant fails to receive the renewal notice, a copy of the license or certificate may be submitted with the required fees and any other required documentation as an application for renewal. By submitting an application for renewal, the regulant is certifying continued compliance with the Standards of Conduct and Practice in Part V (18VAC48-50-140 et seq.) of this chapter.

D. The date on which the renewal application is received by the department or its agent will determine whether the renewal application was received on time. By submitting an application for renewal, the regulant is certifying continued compliance with the Standards of Conduct and Practice in Part V (18VAC48-50-140 et seq.) of this chapter.

D. E. Applicants for renewal shall must continue to meet all of the qualifications for licensure and certification set forth in Part II (18VAC48-50-20 et seq.) of this chapter.

F. The board may conduct an audit of any regulant to ensure the regulant's continued compliance with the requirements for licensure or certification, as applicable, established by Chapter 23.3 of Title 54.1 of the Code of Virginia and this chapter.

18VAC48-50-110 Reinstatement of common interest community manager license and certified principal or supervisory employee certificate required

A. If all of the requirements for renewal of a license as specified in 18VAC48-50-100 A are not completed within 30 days of the license after the expiration date on the license, the licensee shall will be required to reinstate the license by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC48-50-60.

B. If all of the requirements for renewal of a certificate as specified in 18VAC48-50-100 B are not completed within 30 days of the certificate after the expiration date on the certificate, the certificateholder shall will be required to reinstate the certificate by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC48-50-60.

C. A license or certificate may be reinstated for up to six months one year following the expiration date. After six months one year, the license or certificate may not be reinstated under any circumstances and the firm or individual must apply as a new applicant and meet all current entry requirements and apply as a new applicant at the time of submittal of the new application.

D. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC48-50-120 Status of license or certificate during the period prior to reinstatement

A. A regulant who applies for reinstatement of a license or certificate shall will be subject to all laws and regulations as if the regulant had been continuously licensed or certified. The regulant shall will remain under and be subject to the disciplinary authority of the board during this entire period.

B. Any regulated activity conducted subsequent to the license or certificate expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC48-50-130 Board discretion to deny renewal or reinstatement

A. The board may deny renewal or reinstatement of a license or certificate for the same reasons as the board may refuse initial licensure or certification pursuant to 18VAC48-50-40, or discipline a regulant pursuant to 18VAC48-50-140.

B. The board may deny renewal or reinstatement of a license or certificate if the regulant has been subject to a disciplinary proceeding by the board and has not met the terms of an agreement for licensure or certification, has not satisfied all sanctions, or has not fully paid any monetary penalties and costs imposed by the board.

C. The regulant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC48-50-140 Grounds for disciplinary action

The board may place a regulant on probation, impose a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia, or revoke, suspend, or refuse to renew any license or certificate, or place a regulant on probation in accordance with § 54.1-201 A 7 of the Code of Virginia, when the regulant has been found to have violated or cooperated with others in violating any provisions provision of the regulations of the board or Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia.

18VAC48-50-150 Maintenance of license or certificate

A. No license or certificate issued by the board shall may be assigned or otherwise transferred.

B. A regulant shall report, in writing, all changes of address to the board within 30 days of the change and shall return the license or certificate to the board. In addition to the address of record, a physical address is required for each license or certificate. If the regulant holds more than one license, certificate, or registration, the regulant shall inform the board of all licenses, certificates, and registrations affected by the address change.

C. Any change in any of the qualifications for licensure or certification found in 18VAC48-50-30 or 18VAC48-50-35 shall be reported to the board within 30 days of the change.

B. A licensed common interest community manager must report to the board, in writing, any change in the firm's name or trade or fictitious name within 30 days of the change. A certified principal or supervisory employee must report to the board, in writing, any change in the certificateholder's legal name within 30 days of the change. Such report must be accompanied by documentation acceptable to the board that verified the name change.

C. A regulant must report to the board, in writing, any change of address, to include the physical address, as applicable, within 30 days of the change. The board is not responsible for the regulant's failure to receive notices, communications, and correspondence caused by the regulant's failure to report to the board any change of address.

D. A licensee must report to the board, in writing, any change in the firm's principals, qualifying individual, or responsible person within 30 days of the change.

D. Notwithstanding the provisions of subsection C of this section, a E. A licensee shall must report to the board, in writing, the cancellation, amendment, expiration, or any other change of any bond or insurance policy submitted in accordance with 18VAC48-50-30 E within five days of the change.

F. A licensee that qualified for licensure pursuant to 18VAC48-50-30 J must report to the board, in writing, any change in the status of the licensee's active designation as an Accredited Association Management Company by the Community Associations Institute, to include loss of such designation, within 30 days of the change.

E. G. A licensee shall must report to the board, in writing, the discharge or termination of active status of an employee holding a certificate within 30 days of the discharge or termination of active status.

F. H. A certified principal or supervisory employee shall must report to the board, in writing, a change in employing common interest community manager within 30 days of the change.

I. A licensed common interest community manager must report to the board, in writing, any change in the licensee's qualifications for licensure under 18VAC48-50-30 within 30 days of the change. A certified principal or supervisory employee must report to the board, in writing, any change in the certificateholder's qualifications for certification under 18VAC48-50-35 within 30 days of the change.

18VAC48-50-160 Maintenance and management of accounts

Licensed firms shall A licensee must maintain all funds from associations received and held on behalf of any association to which it provides management services in accordance with § 54.1-2353 A of the Code of Virginia. Funds that belong to such association or others that are held as a result of the fiduciary relationship shall must be labeled as such to clearly distinguish funds that belong to others from those funds of maintained in a fiduciary trust account in an FDIC-insured financial institution separate from the funds of the common interest community manager or other associations managed by the common interest community manager.

18VAC48-50-170 Change of business entity requires a new license

A. Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the license becomes void and shall must be returned to the board within 30 days of the change. Such changes include but are not limited to:

1. Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;

2. Death of a sole proprietor;

3. Formation, reformation, or dissolution of a general partnership, limited partnership, corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia; or

4. The suspension or Suspension, revocation, termination of the corporation's existence , or cancellation by the State Corporation Commission.

B. When a new firm is formed, the new firm shall apply for must obtain a new license on a form provided by from the board before engaging in any activity regulated by Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

18VAC48-50-180 Notice of adverse action

A. Licensed firms shall A licensee must notify the board of the following actions against the firm, the responsible person, the qualifying individual, and any principals of the firm:

1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, license or certificate revocation, suspension, or denial of a license, certificate, or registration, imposition of a monetary penalty, or requirement for to take remedial education or other corrective action.

2. Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action in another taken by any jurisdiction, board or administrative body of competent jurisdiction.

3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. Certified A certified principal or supervisory employees shall employee must notify the board, and must notify the responsible person of the employing firm, if applicable, of the following actions against the certified principal or supervisory employee:

1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, license or certificate revocation, suspension, or denial of a license, certificate, or registration, imposition of a monetary penalty, or requirement for to take remedial education, or other corrective action.

2. Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action in another taken by any jurisdiction, board, or administrative body of competent jurisdiction.

3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury, or any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions shall will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

C. The notice must be made given to the board, and to the responsible person of the employing firm, when applicable, in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

18VAC48-50-190 Prohibited acts

The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating, inducing another to violate, or cooperating with others in violating any of the provisions of any of the regulations of the board; Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia; or Chapter 18 (§ 55.1-1800 et seq.), Chapter 19 (§ 55.1-1900 et seq.), or Chapter 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia or engaging in any acts enumerated in §§ 54.1-102 and 54.1-111 of the Code of Virginia.

2. Allowing a license or certificate issued by the board to be used by another.

3. Obtaining or attempting to obtain a license or certificate by false or fraudulent representation, or maintaining, renewing, or reinstating a license or certificate by false or fraudulent representation; or furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or certificate.

4. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.

5. Failing to inform the board, and the responsible person of the employing firm, if applicable, in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC48-50-180.

6. Failing to report a change as required by 18VAC48-50-150 or 18VAC48-50-170.

7. The intentional and unjustified failure to comply with the terms of the management contract, operating agreement, or association governing documents Operating or advertising in any name other than the name in which the license or certificate was issued.

8. Engaging in dishonest or fraudulent conduct in providing management services Failure to use a contract that complies with 18VAC48-50-195.

9. Failing to satisfy any judgments or restitution orders entered by a court or arbiter of competent jurisdiction Failing to disclose to the association material facts related to the association's property or concerning management services of which the regulant has actual knowledge.

10. Egregious or repeated violations of generally accepted standards for the provision of management services Failing upon written request of the association to provide association books and records such that the association can perform pursuant to §§ 55.1-1815 (Property Owners' Association Act), 55.1-1945 (Virginia Condominium Act), and 55.1-2151 (Virginia Real Estate Cooperative Act) of the Code of Virginia.

11. Failing to handle association funds in accordance with the provisions of § 54.1-2353 A of the Code of Virginia or 18VAC48-50-160 Failing to provide complete records related to the association's management services to the association within 30 days of any written request by the association or within 30 days of the termination of the contract unless otherwise agreed to in writing by both the association and the common interest community manager.

12. Failing to account in a timely manner for all money and property received by the regulant in which the association has or may have an interest Failing to handle association funds in accordance with the provisions of § 54.1-2353 A of the Code of Virginia or 18VAC48-50-160.

13. Failing to disclose to the association material facts related to the association's property or concerning management services of which the regulant has actual knowledge Failing to account in a timely manner for all money and property received by the licensee in which the association has or may have an interest.

14. Failing to provide complete records related to the association's management services to the association within 30 days of any written request by the association or within 30 days of the termination of the contract unless otherwise agreed to in writing by both the association and the common interest community manager Commingling the funds of any association by the firm's principal, employees, or associates with the principal's own funds, those of the firm, or any other association managed by the common interest community manager.

15. Failing upon written request of the association to provide books and records such that the association can perform pursuant to §§ 55.1-1815 (Property Owners' Association Act), 55.1-1945 (Virginia Condominium Act), and 55.1-2151 (Virginia Real Estate Cooperative Act) of the Code of Virginia Failing to act in providing management services in a manner that safeguards the interests of the public.

16. Commingling the funds of any association by a principal, his employees, or his associates with the principal's own funds or those of his firm The unjustified failure to comply with the terms of the management contract, or association governing documents.

17. Failing to act in providing management services in a manner that safeguards the interests of the public Engaging in improper, dishonest, or fraudulent conduct in providing management services.

18. Advertising in any name other than the name in which licensed Failing to satisfy any judgment or restitution order entered by a court or arbiter of competent jurisdiction, or as agreed upon in mediation.

19. Failing to make use of a legible, written contract clearly specifying the terms and conditions of the management services to be performed by the common interest community manager comply with the requirements of 18VAC48-50-220. The contract shall include the following:

a. Beginning and ending dates of the contract;

b. Cancellation rights of the parties;

c. Record retention and distribution policy;

d. A general description of the records to be kept and the bookkeeping system to be used; and

e. The common interest community manager's license number.

20. Performing management services or accepting payments prior to the signing of the contract by an authorized official of the licensed firm and the client or the client's authorized agent.

18VAC48-50-195 Management services contracts

A. For the protection of both the association and the licensee, a licensee must make use of legible, written contract clearly specifying the terms and conditions of the management services to be performed by the licensee. Prior to the performing of management services or acceptance of payments, the contract must be signed by an authorized official of the association, or an authorized agent of the association, and an authorized official of the licensee. The licensee must make prompt delivery to the association, or the association's authorized agent, a fully executed copy of the contract in compliance with this section before providing management services. Any modification to the contract which changes the cost, term of the contract, cancellation rights of the parties, or scope of management services to be provided must be in writing and signed by all parties.

B. At a minimum, the written contract must include:

1. The common interest community manager's license number;

2. Beginning and ending dates of the contract;

3. Cancellation rights of the parties;

4. Record retention and distribution policy;

5. A general description of the records to be kept and the bookeeping system to be used;

6. Insurance requirements for both the common interest community manager and the association; and

7. Disclosure of relationships with other firms that provide services to common interest communities, or to either of the parties, that may give rise to a conflict of interest for the common interest community manager.

18VAC48-50-200 Establishment of code of conduct

The firm shall licensee must establish and distribute to the firm's employees, principals, and agents a written code of conduct to address business practices including , to include the appropriateness of giving and accepting gifts, bonuses, or other remuneration to and from common interest communities or providers of services to common interest communities. In accordance with clause (ii) of § 54.1-2346 E of the Code of Virginia, the code of conduct for officers, directors, and employees shall must also address disclosure of relationships with other firms that provide services to common interest communities and that may give rise to a conflict of interest.

18VAC48-50-205 Remuneration

Unless authorized in writing by the governing board of the association, no common interest community manager may accept remuneration from vendors, independent contractors, service providers, or others providing goods or services to the association, whether in the form of commissions, finders fees, services fees, discounts, or otherwise.

18VAC48-50-210 Establishment of internal accounting controls

The firm shall licensee must establish written internal accounting controls to provide adequate checks and balances over the firm's financial activities and to manage the risk of fraud and illegal acts. The internal accounting controls shall must be in accordance with generally accepted accounting practices.

18VAC48-50-220 Response to inquiry and provision of records

A. A regulant must respond, in writing, within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board or its agent, a regulant of the board shall must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved, or for which the regulant is required to maintain records for inspection and copying by the board or its agents. The board or its agent may extend such time frame upon a showing, in writing, of extenuating circumstances prohibiting delivery within such 10-day period.

C. A regulant shall must not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a regulant must respond, in writing, to an inquiry by the board or its agent within 21 days.

18VAC48-50-225 Regulant's responsibility

A. The primary obligation of the regulant is to the public.

B. A regulant must not knowingly associate in a business venture with, or permit the use of the regulant's name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.

C. A regulant who has direct knowledge that another individual or firm may have violated, or may be violating, any provision of this chapter, or the provisions of Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia, or Chapters 18 (§ 55.1-1800 et seq.), 19 (§ 55.1-1900 et seq.), or 21 (§ 55.1-2100 et seq.) of Title 55.1 of the Code of Virginia must immediately inform the board in writing and must cooperate in furnishing any further information or assistance that may be required by the board or any of its agents.

18VAC48-50-230 Training programs generally

All training programs and training modules proposed for the purposes of meeting the requirements of this chapter must be approved by the board. Any or all of the approved Approved training programs can be met and training modules may be delivered using distance, virtual, or online education technology. Training programs and training modules may be approved retroactively; however, no applicant will receive credit for the training program or training module until such approval is granted by the board.

18VAC48-50-240 Approval of common interest community manager training programs and training modules

Each provider of a training program shall or training module must submit an application for program or module approval on a form provided by the board. In addition to the appropriate fee provided in 18VAC48-50-60, the application shall must include but is not limited to:

1. The name of the provider;

2. Provider contact person, address, and telephone number;

3. Program or module contact hours;

4. Schedule of training program, if established, including dates, times, and locations Method of delivery;

5. Instructor information, including name, license or certificate number(s), if applicable, and a list of trade-appropriate designations, as well as a professional resume with a summary of teaching experience and subject-matter knowledge and qualifications acceptable to the board;

6. A summary of qualifications and experience in providing training under this chapter;

7. Training program and material fees Materials to be provided to participants; and

8. Fees for the training program or module and materials; and

8. 9. Training program or module syllabus.

18VAC48-50-250 Introductory and comprehensive training program requirements

A. In order to qualify as an introductory training program under 18VAC48-50-30 or 18VAC48-50-35, the introductory training program must include a minimum of 16 contact hours and the syllabus shall must encompass all of the subject areas set forth in subsection C of this section.

B. In order to qualify as a comprehensive training program under 18VAC48-50-30 or 18VAC48-50-35, the comprehensive training program must include a minimum of 80 contact hours and the syllabus shall must include at least 40 contact hours encompassing all of the subject areas set forth in subsection C of this section and may also include up to 40 contact hours in other subject areas approved by the board.

C. The following subject areas as they relate to common interest communities and associations shall must be included in all comprehensive and introductory training programs. The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

1. Governance, legal matters, and communications;

2. Financial matters, including budgets, reserves, investments, internal controls, and assessments;

3. Contracting;

4. Risk management and insurance;

5. Management ethics for common interest community managers;

6. Facilities maintenance; and

7. Human resources.

D. All In accordance with subdivisions A 2 and A 3 of § 54.1-2349 of the Code of Virginia, introductory and comprehensive training programs are required to have a final, written examination.

18VAC48-50-252 Virginia common interest community laws and regulations training module

A. In order to qualify as a Virginia common interest community laws and regulations training module under 18VAC48-50-30 and 18VAC48-50-35, the training module must include a minimum of four contact hours, and the syllabus must encompass all of the subject areas set forth in subsection B of this section.

B. The following subject areas must be included in all Virginia common interest community laws and regulations training modules. The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

1. Overview of Virginia common interest community statutes and regulations.

a. Property Owners' Association Act (Chapter 18 of Title 54.1 of the Code of Virginia).

b. Virginia Condominium Act (Chapter 19 of Title 54.1 of the Code of Virginia).

c. Virginia Real Estate Cooperative Act (Chapter 22 of Title 54.1 of the Code of Virginia).

d. Horizontal Property Act (Chapter 20 of Title 54.1 of the Code of Virginia) and Subdivided Land Sales Act (Chapter 23 of Title 54.1 of the Code of Virginia).

e. Chapter 23.3 of Title 54.1 of the Code of Virginia.

f. Common Interest Community Manager Regulations (18VAC48-50).

g. Common Interest Community Association Registration Regulations (18VAC48-60).

h. Common Interest Community Ombudsman Regulations (18VAC48-70).

i. Roles and responsibilities of the Common Interest Community Board.

j. Governance, operation, and administration of common interest communities.

2. Virginia requirements for the operation and management of associations.

a. Access to association books and records.

b. Meetings of members, governing boards, committees, and sub-committees.

(1) Notice of meeting.

(2) Rights of owners to attend and comment.

(3) Executive session.

(4) Elections and voting, including proxies, absentee ballots, and in-person voting.

(5) Minutes of meetings.

(6) Guidelines for virtual meetings.

c. Budgets, assessments, and reserves.

(1) Budgets and assessments.

(2) Reserves and reserve studies.

(3) Additional and special assessments, and fees for services.

(4) Declarant assessments and bonds for condominiums.

d. Management of common areas and common elements.

e. Adoption and enforcement of rules.

f. Association registration and annual reports.

3. Virginia fair housing laws as related to common interest communities.

4. Resale of lots or units.

(1) Process and time frames; inspections.

(2) Contents of disclosure packets and resale certificates.

(3) Fees for preparation of disclosure packets and resale certificates.

5. Common interest community association complaint procedure.

(1) Role of the office of the common interest community ombudsman.

(2) Requirements for association complaint procedure.

(3) Records of complaints.

(3) Final adverse decisions.

6. Standards of conduct and practice for common interest community managers.

(1) Section 54.1-2353 of the Code of Virginia.

(2) Part V (18VAC48-50-140 et seq.) of Common Interest Community Manager Regulations.

18VAC48-50-253 Virginia common interest community law and regulation legal updates training program requirements

A. In order to qualify as a Virginia common interest community law and regulation legal updates training program for renewal of certificates issued by the board, the common interest community law and regulation legal updates program must include a minimum of two one contact hours hour and the syllabus shall must encompass updates to Virginia laws and regulations directly related to common interest communities the topics set forth in subsection B of this section, and may include the topics set forth in subsection C of this section. The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

B. All common interest community legal updates training programs must include legal updates directly related to common interest communities to include as applicable:

1. Changes to statutes or regulations;

2. Recent court decisions; and

3. Recent significant determinations of the Common Interest Community Ombudsman.

C. A common interest community legal updates training program may include other legal topics or legal updates that pertain to common interest communities.

18VAC48-50-255 Fair housing training program requirements

In order to qualify as a fair housing training program for renewal of certificates issued by the board, the fair housing training program must include a minimum of two one contact hours hour and the syllabus shall must encompass updates to Virginia fair housing laws and any updates, all as related to common interest communities.

18VAC48-50-256 Miscellaneous topics training programs

In order to qualify as a training program for training required by subsection C of 18VAC48-50-95, the training program must include a minimum of one contact hour and cover any of the following subject areas as they relate to common interest communities:

1. Governance, legal matters, and communications;

2. Financial matters, including budgets, internal controls, and assessments;

3. Reserves, reserve studies, and investments;

4. Contracting;

5. Risk management and insurance;

6. Management ethics for common interest community managers;

7. Facilities maintenance;

8. Human resources; or

9. Diversity, equity, and inclusion.

The time allocated to each subject area must be sufficient to ensure adequate coverage of the subject as determined by the board.

18VAC48-50-257 Documentation of training program and training module completion required

All training program and training module providers must provide each student participant with a certificate of training program or training module completion, as applicable, or other documentation that the student participant may use as proof of training program or training module completion. Such documentation shall must contain the contact hours completed.

18VAC48-50-260 Maintenance of records

All providers must establish and maintain a record for each student participant. The record shall must include the student's participant's name and address, the training program or training module name and hours attended, the training program or training module syllabus or outline, the name or names of the instructors, the date of successful completion, and the board's approved training program code or module identification number. Records shall must be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain these records for a minimum of five years.

18VAC48-50-270 Reporting of changes

Any change in the information provided in 18VAC48-50-240 must be reported to the board, in writing, within 30 days of the change with the exception of changes in the schedule of training program offerings, which must be reported within 10 days of the change. Any change in information submitted will be reviewed to ensure compliance with the provisions of this chapter.

18VAC48-50-275 Board authority to audit approved training programs and training providers

The board may conduct an audit of any board-approved training program or module or training program provider to ensure continued compliance with this chapter.

18VAC48-50-280 Withdrawal of approval

The board may withdraw approval of any training program or training module for the following reasons:

1. The training program or training module being offered no longer meets the standards established by the board.

2. The provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way.

3. The provider, instructor, or designee of the provider falsifies any information relating to the application for approval, training program or module information, or student participant records or fails to produce records required by 18VAC48-50-260.

4. A change in the information provided that results in noncompliance with 18VAC48-50-240, except for subdivision 4 of 18VAC48-50-240.

5. Failure to comply with 18VAC48-50-270.

18VAC48-50-290 Examinations.  (Repealed.)

All examinations required for licensure or certification shall be approved by the board and administered by the board, a testing service acting on behalf of the board, or another governmental agency or organization.