The proposed regulation should be amended. Documents obtained under FOIA have disclosed inappropriate influences, including financial incentives, prejudices and apparent collusion by and between Officers of this Board, resulting in reasonably foreseeable direct or indirect benefit or detriment as a result of the action. Any review is complicated by private meetings between the staff of VDH and DPOR including voice and electronic communications advocating their private interests. Having reviewed COI forms filed by these board members there does not seem to have been any disclosure of these conflicting influences, business interests, nor other affiliations. While there are thresholds and circumstances which are exempt from COI this Board would benefit from taking inventory.

Special attention should be directed toward the actions of the former chairman of the Board, a licensed professional engineer and also Director of the VDH Office of Drinking Water (ODW). He resigned the Chair following complaint that he did not respond to calls for investigation of Officers under his jurisdiction. Nor would he suspend the Regulatory Review underway until report and recommendations could be made to the Board. The other Officers cannot help but recognize ODW controls the approval of many aspects of their professional responsibilities. Indeed this presence impugned every action during tenure as chair.

For example this board under guidance from staff neglected to develop a regulated professional seal in compliance with:

18 VAC 10-20-760.B.4 4. The seal of each professional responsible for each profession shall be used and shall be on each document that was prepared under the professional's direction and for which that professional is responsible. If one of the exemptions found in § 54.1-402 of the Code of Virginia is applicable, a professional licensed or certified by this board shall nevertheless apply his seal to the exempt work.

Staff responded to an Officer’s query over regulations for sealing, suggesting that a seal is an “unreasonable burden.” In fact the minimal cost of a mechanical or electronic seal does not support this guidance. But the benefit to the public or code official knowing the document is authentic and under the control of the licensed professional is substantial. In light of this outcome I recommend this board develop a policy toward displacement of competition if this has not already been accomplished.

The ex-officio roles of VDH ODW within the Water and Waterworks Operators Section, and distinct differences in responsibilities, risk and scale add further substance to calls for the OSE license to be administered through the APELSCIDLA Board, which oversees every other design license in the Commonwealth. Indeed only the Operators should remain under WWWO as licensed contractors properly belong within the Contractor's boards.