§ 54.1-201.5 of the Code of Virginia states that the Board has the power and duty “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."

Given that over two years have elapsed since these proposed changes were adopted by the Board, some of the proposed text can no longer be deemed necessary or accurate with respect to the statutory framework. These proposed changes may impact the quality of training and level of experience obtained for several catagories and classifications of licenses held by system operators, installers, and soil evaluators. The Board will potentially bear the burden and unintended consequences of this Regulatory Action for years to come if these changes become permanent without further review.

Please note my objection to the Fast-Track Process for these proposed text changes to the Virginia Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations.

In addition please forward the proposed changes with my objection to the Commerce and Trade Standing Committee and the Joint Commission on Administrative Rules for their review. Thank you for finding these changes controversial as written and allowing the initial publication of this fast-track regulation to serve as the Notice of Intended Regulatory Action.