In reviewing the initial regulatory documents I have discovered that the FORM TH-04 "Fast Track Proposed Regulation Agency Background Document dated on the Town Hall website as January 19, 2010 makes no mention of 18VAC160-20-97.C.3A but rather it stops at 18VAC160-20-97.C.2.

The Attorney General Certification that was given to DPOR pertaining to this proposed regulation is also dated as January 19, 2010. This certification is to determine if the proposed regulations are in conflict with the US Constitution, the VA Constitution and any other Federal and State Laws.

Is it not reasonable then to ask if perhaps the allowance in 18VAC160-20-97.C.2 for an authorized VDH employee who is not an OSE or a PE to certify documents which may only be certified by an licensed OSE or a PE was added to the text after the Attorney Generals Certification was conducted?

Allowing a non-licensed person to certify work that may only be conducted by a licensed regulant appears to be in conflict with the Code of Virginia and the Virginia Administrative Code.