Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
Board
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
chapter
Onsite Sewage System Professionals Licensing Regulations [18 VAC 160 ‑ 40]
Action General Review 2014
Stage Final
Comment Period Ends 2/22/2017
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2/9/17  7:35 pm
Commenter: Joel S. Pinnix, PE

Journeyman and Master Classes Exceed Statutory Authority
 

§ 54.1-2301 provides specific statutory authority related to licensure of soil evaluators, alternative system installers and alternative system operators. Subsection D. (e) further requires the Board to create at least two classes of evaluators, one of which is to be conventional. However, the enabling statute is silent on the creation of classes for the installer or operator license.

The Board's authority is specifically related to licensure of individuals as authorized (soil evaluator, alternative installer or alternative operator). There is no statutory authority for the further division of the installer or the operator into multiple classes. The division of these two licenses into classes is not a criterion for licensure as provided for in D.(f).

Therefore, the subdivision of the two licenses into “journeyman” and “master” classification is not expressly authorized by the statute and exceeds the Board's authority.

CommentID: 56416