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
Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations [18 VAC 160 ‑ 20]
Action Amend regulations to license onsite sewage system professionals.
Stage Proposed
Comment Period Ended on 3/6/2009
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2/3/09  9:20 pm
Commenter: VDH Employee 1994

Sanctions
 

I recommend the Board include the following language in the regulations:

A. No license, certificate, or registration shall be suspended or revoked, nor shall any regulant be

fined unless a majority of the members of the entire board who are eligible to vote, vote for the

action. The board may suspend or revoke any license, certificate, certificate of authority or

registration, or fine any regulant, if the board finds that:

1. The license, certification or registration was obtained or renewed through fraud or

misrepresentation;

2. The regulant has been found guilty by the board, or by a court of competent

jurisdiction, of any material misrepresentation in the course of professional practice, or

has been convicted, pleaded guilty or found guilty, regardless of adjudication or

deferred adjudication, of any felony or misdemeanor which, in the judgment of the

board, adversely affects the regulant's ability to perform satisfactorily within the

regulated discipline. Any plea of nolo contendere shall be considered a conviction for

the purposes of this chapter;

3. The regulant is guilty of professional incompetence, negligence, or gross negligence;.

 

Change of address.

All regulants shall notify the board of any change of address, in writing, within 30 days of making the

change. When submitting a change of address, any regulant holding more than one license, certificate

or registration shall inform the board of all licenses, certificates or registrations affected by the

change. A physical address is required. A post office box will not be accepted.

4. The regulant has abused drugs or alcohol to the extent that professional competence is

adversely affected;

5. The regulant violates any standard of practice and conduct, as defined in this chapter;

or

6. The regulant violates or induces others to violate any provision of Chapters 1 through

4 of Title 54.1 or Chapters 7 and 13 of Title 13.1 of the Code of Virginia, as amended,

or any other statute applicable to the practice of the professions herein regulated, or

any provision of this chapter.

B. If evidence is furnished to the board which creates doubt as to the competency of a regulant to

perform professional assignments, the board may require the regulant to prove competence by

interview, presentation or examination. Failure to appear before the board, pass an

examination, or otherwise demonstrate competency to the board shall be grounds for

revocation or suspension of the license, certification or registration

 

Sanctions.

CommentID: 6817