Final Text
CHAPTER 50
REGULATIONS GOVERNING NATURAL GAS AUTOMOBILE MECHANICS AND TECHNICIANS (REPEALED)
Part I
Definitions
18VAC120-50-10. Definitions. (Repealed.)
A. Section 54.1-2355 of the Code of Virginia provides
definitions of other terms and phrases as used in this chapter.
B. The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Address of record" means the mailing address
designated by the certificate holder to receive notices and correspondence from
the board or the board's agent.
"Advisory board" or "board" means the
Natural Gas Automobile Mechanics and Technicians Advisory Board.
"Applicant" means an individual seeking
certification who has submitted a fully executed application.
"Application" means a board prescribed form
submitted with the appropriate fee and other required documentation, including,
but not limited to, verification of formal vocational training, verification of
experience, and documentation of other certifications and examinations.
"Department" means the Virginia Department of
Professional and Occupational Regulation.
"Director" means the Director of the Virginia
Department of Professional and Occupational Regulation.
"Formal vocational training" means courses in the
trade administered at an accredited educational facility or formal training,
approved by the director or his designee, conducted by trade associations,
businesses, the military, correspondence schools, or other similar training
organizations.
"Reciprocity" means a mutual agreement between
the director and any other regulating body that accepts one or more of the
eligibility criteria from that regulating body as having met the requirements
of this chapter.
"Regulant" means a licensee, certificate holder,
or registrant of any other regulatory programs in the Commonwealth of Virginia
or any other jurisdiction.
"Reinstatement" means the process and
requirements through which an expired certificate can be restored to
effectiveness after the expiration date has passed.
"Renewal" means the process and requirement for
periodically approving a certification for another period of time.
18VAC120-50-20. Advisory board. (Repealed.)
A. The Natural Gas Automobile Mechanics and Technicians
Advisory Board shall exercise the authority delegated by the director
consistent with subsection A of § 2.2-2100 of the Code of Virginia and shall
advise the department on any matters relating to the certification of natural
gas automobile mechanics and technicians in the Commonwealth of Virginia.
B. The advisory board shall consist of eight members
appointed by the director as follows: two representatives of private businesses
that utilize natural gas powered vehicles, one representative of a local
government that utilizes natural gas vehicles, one representative of a
municipal transit agency that uses natural gas vehicles, one certified natural
gas automobile mechanic or technician, one representative of an approved
natural gas automobile mechanic or technician training provider, and two
citizen members. All members must be residents of the Commonwealth of Virginia.
After the original appointments, all appointments shall be for terms of four
years, except that appointments to fill vacancies shall be for the unexpired
terms.
C. Each member shall serve a four-year term. No member
shall serve more than two consecutive four-year terms.
D. The advisory board shall meet upon the call of the
director, but at least once per year.
Part II
Application Procedures and Entry Requirements
18VAC120-50-30. Application procedures. (Repealed.)
A. Every applicant seeking certification shall submit an
application with the appropriate fee specified in 18VAC120-50-80. Application shall
be made on forms provided by the department and shall contain the following
information and documentation:
1. The full legal name of the applicant, a copy of a
government-issued photo identification and verification that the applicant is
at least 18 years old.
2. The applicant shall disclose his social security number
or a control number issued by the Virginia Department of Motor Vehicles in
accordance with § 54.1-116 of the Code of Virginia.
3. The physical address of the applicant and, if it is going
to be used as the address of record, a mailing address. A post office box,
private mail box, or other mail service may be used as a mailing address, but
not as the address of record.
4. Documentation of formal vocational training as required
in 18VAC120-50-50 in a format approved by the director.
5. Documentation of experience, as required in
18VAC120-50-50 in a format approved by the director.
6. Each applicant shall disclose the following convictions
in any jurisdiction:
a. All misdemeanor convictions within three years of the
date of the application; and
b. All felony convictions at any time.
Any plea of nolo contendere shall be considered a conviction
for the purpose of this subdivision. Individuals convicted in the Commonwealth
of Virginia shall include a copy of their Central Criminal Records Exchange
report that is no more than 90 days old. Individuals convicted outside of the
Commonwealth of Virginia shall include a copy of their Central Criminal Records
Exchange report and documentation of their out-of-state convictions from a
source approved by the department.
7. Each applicant shall provide certified copies of all
other licenses, certifications, or registrations held in any jurisdiction as a
natural gas or alternative fuel vehicle mechanic or technician. Additionally,
the applicant must provide documentation of any disciplinary action taken
against any other license, certification, or registration.
B. By signing the application or submitting it
electronically to the department, the applicant certifies that he has read and
understands the statutes and regulations that govern the program.
C. The receipt of an application and the deposit of fees by
the department do not indicate approval of the application.
D. Applicants will be notified if their application is
incomplete. Applicants who fail to complete the process within one year of the
date the original application was received by the department must submit a new
application and fee.
18VAC120-50-40. General qualifications for certification.
(Repealed.)
Every applicant for certification as a certified natural
gas automobile mechanic or technician shall meet the requirements and have the
qualifications provided in this section.
1. The applicant shall be at least 18 years old.
2. Unless otherwise exempted, the applicant shall meet the
current educational requirements by passing all required courses prior to the
time the applicant sits for the examination and applies for certification.
3. Unless otherwise exempted, the applicant shall have
passed the examination provided by the department or by a testing organization
acting on behalf of the department.
4. The applicant shall meet the experience requirements in
18VAC120-50-50.
5. In those instances where the applicant is required to
take the certification examination, the applicant shall follow all rules
established by the department or testing organization with regard to conduct at
the examination. Such rules shall include all written instructions communicated
prior to the examination date and all instructions communicated at the site,
either written or oral, on the date of the examination. Failure to comply with
all rules established by the department or the testing organization with regard
to conduct at the examination shall be grounds for denial of the application
and may result in the voiding of the examination or scores or both.
6. The applicant shall sign, as part of the application, a
statement certifying that the applicant has read and understands Chapter 23.4
(§ 54.1-2355 et seq.) of Title 54.1 of the Code of Virginia and this chapter.
7. The department may make further inquiries or
investigations or require a personal interview with the applicant with respect
to the qualification of the applicant to verify information and documentation,
or to clarify information supplied.
8. In accordance with § 54.1-204 of the Code of Virginia,
each applicant shall disclose the following information:
a. All misdemeanor convictions within three years of the
date of the application; and
b. All felony convictions during his lifetime.
Any plea of nolo contendere shall be considered a conviction
for the purpose of this subdivision. The record of conviction received from a
court shall be accepted as prima facie evidence of a conviction or finding of
guilt. The department, at its discretion, may deny certification to any
applicant in accordance with § 54.1-204 of the Code of Virginia.
9. The applicant shall report all suspensions, revocations,
or surrender of a certificate or license that is connected with a disciplinary
action or that has been the subject of discipline in any jurisdiction prior to
applying for certification in Virginia. The director, at his discretion, may
deny certification to any applicant based on prior suspensions, revocations, or
surrender of certifications or licenses connected with disciplinary action by
any jurisdiction.
18VAC120-50-50. Evidence of ability and proficiency. (Repealed.)
A natural gas automobile mechanic or technician certificate
shall be issued to an applicant who fulfills the requirements of 18VAC120-50-40
and one of the following:
1. One year of practical experience in the performance of
services relating to the repair, conversion, or maintenance of motor vehicles
that use, in whole or in part, natural gas as a fuel and successful completion
of a training program approved by the director;
2. A current license as a professional engineer and one year
of practical experience in the performance of services relating to the repair,
conversion, or maintenance of motor vehicles that use, in whole or in part,
natural gas as a fuel;
3. Successful completion of an apprenticeship program
approved by the Virginia Apprenticeship Council or the U.S. Department of
Labor, with a Dictionary of Occupational Title or Standard Industrial
Classification identifier approved by the director, which includes a minimum of
one year of practical experience in the performance of services relating to the
repair, conversion, or maintenance of motor vehicles that use, in whole or in
part, natural gas as a fuel; or
4. Three years of practical experience in the repair,
conversion, or maintenance of motor vehicles that use, in whole or in part,
natural gas as a fuel.
18VAC120-50-60. Qualifications for licensure by reciprocity
or substantial equivalency. (Repealed.)
Individuals certified or licensed as natural gas automobile
mechanics or technicians by governing bodies located outside the Commonwealth of
Virginia shall be in compliance with this chapter if the director has
determined the certifying or licensing requirements to be substantially
equivalent to the requirements in Virginia. In addition to the requirements set
forth in 18VAC120-50-40, these individuals must meet the following
requirements:
1. The applicant shall have received the natural gas
automobile mechanic or technician certification by virtue of having passed in
the jurisdiction of original certification or licensing a written or oral examination
deemed to be substantially equivalent to the Virginia examination; and
2. The applicant shall be in good standing as a certified or
licensed natural gas automobile mechanic or technician in every jurisdiction
where certified or licensed, and the applicant shall not have had a certificate
or license that has been suspended, revoked, or surrendered in connection with
a disciplinary action or that has been the subject of discipline in any
jurisdiction prior to applying for certification in Virginia.
18VAC120-50-70. Application denial. (Repealed.)
The director may refuse initial certification due to an
applicant's failure to comply with entry requirements or for any of the reasons
the director may discipline a certified natural gas automobile mechanic or
technician.
18VAC120-50-80. Application fees. (Repealed.)
A. All fees are nonrefundable and shall not be prorated.
The date on which the fee is received by the department or its agent will determine
whether the fee has been submitted within the time requirements of this
chapter. Checks or money orders shall be made payable to the Treasurer of
Virginia.
B. Fees are as follows:
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C. The fee for examination or re-examination is subject to
contracted charges by an outside vendor. These contracts are competitively
negotiated and bargained for in compliance with the Virginia Public Procurement
Act (§ 2.2-4300 et seq. of the Code of Virginia). The board may adjust the fee
charged to candidates in accordance with these contracts.
18VAC120-50-90. Renewal and reinstatement fees. (Repealed.)
A. All fees are nonrefundable and shall not be prorated.
The date on which the fee is received by the department or its agent will determine
whether the fee has been submitted within the time requirements of this
chapter. Checks or money orders shall be made payable to the Treasurer of
Virginia.
A. All fees are nonrefundable and shall not be prorated.
The date on which the fee is received by the department or its agent will
determine whether the fee has been submitted within the time requirements of
this chapter. Checks or money orders shall be made payable to the Treasurer of
Virginia.
B. Fees are as follows:
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C. The fee for examination or re-examination is subject to
contracted charges by an outside vendor. These contracts are competitively
negotiated and bargained for in compliance with the Virginia Public Procurement
Act (§ 2.2-4300 et seq. of the Code of Virginia). The board may adjust the fee
charged to candidates in accordance with these contracts.
18VAC120-50-100. Certificate fees. (Repealed.)
A. All fees are nonrefundable and shall not be prorated.
The date on which the fee is received by the department or its agent will
determine whether the fee has been submitted within time requirements set forth
in this chapter. Checks or money orders shall be made payable to the Treasurer
of Virginia.
B. Fees are as follows:
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C. Third and subsequent requests for duplicate
certification pocket cards or wall certificates may result in the director
initiating an investigation to determine if a violation has occurred.
Part III
Renewal and Reinstatement
18VAC120-50-110. Renewal. (Repealed.)
A. Certifications issued under this chapter shall expire
two years from the last day of the month in which they were issued.
B. The department will mail a renewal notice to the
regulant at the last known mailing address of record. Failure to receive this
notice shall not relieve the regulant of the obligation to renew.
C. Regulants may renew their certifications up to 60 days
prior to the expiration date by submitting the fee specified in 18VAC120-50-90.
If the regulant fails to receive the renewal notice, a copy of the
certification pocket card or wall certification may be submitted with the
required fee as an application for renewal.
D. By renewing the certification the regulant is attesting
continued compliance with Part IV (Standards of Conduct and Practice,
18VAC120-50-140 et seq.) of this chapter.
E. The director may deny renewal of a certification card
for the same reasons that he may refuse initial issuance or that he may
discipline a regulant. The regulant has a right to appeal any such action by
the director under the Administrative Process Act (§ 2.2-4000 et seq. of the
Code of Virginia).
F. Failure to timely pay any monetary penalty,
reimbursement of cost, or other fee assessed by consent order or final order
shall result in delaying or withholding services provided by the department,
such as, but not limited to, renewal, reinstatement, processing of a new
application, or examination administration.
18VAC120-50-120. Reinstatement. (Repealed.)
A. Should the department fail to receive the renewal
application or fees by the expiration date, the regulant will be required to
apply for reinstatement of the certification.
B. The date on which the reinstatement fee is received by
the department or its agent will determine whether the certification is
reinstated or a new application is required.
C. In order to ensure that certification holders are
qualified to practice as certified natural gas automobile mechanics and
technicians, no reinstatement will be permitted once one year from the
expiration date has passed. After that date, the applicant must apply for a new
certification and meet the then current entry requirements, including the
successful completion of the examination.
D. Any person who holds himself out as a certified natural
gas automobile mechanic or technician, without the appropriate certification,
may be subject to prosecution under Title 54.1 of the Code of Virginia.
E. The director may deny reinstatement of a certification
for the same reasons that he may refuse initial issuance or that he may
discipline a regulant. The regulant has a right to appeal any such action by
the director under the Virginia Administrative Process Act (§ 2.2-4000 et seq.
of the Code of Virginia).
F. Failure to timely pay any monetary penalty,
reimbursement of cost, or other fee assessed by consent order or final order
shall result in delaying or withholding services provided by the department,
such as, but not limited to, renewal, reinstatement, processing of a new
application, or examination administration.
18VAC120-50-130. Status of regulant during the period prior
to reinstatement. (Repealed.)
A. When a regulant is reinstated, the individual shall
continue to have the same certificate number and shall be assigned an expiration
date two years from the previous expiration date.
B. A regulant who reinstates his certification shall be
regarded as having been continuously certified without interruption. Therefore,
the regulant shall remain under the disciplinary authority of the board during
this entire period and may be held accountable for activities during this
period. Nothing in this chapter shall divest the director of the authority to
discipline a regulant for a violation of the law or regulations during the
period of certification.
Part IV
Standards of Conduct and Practice
18VAC120-50-140. Grounds for disciplinary action. (Repealed.)
The director may place a regulant on probation; impose a
monetary penalty; or revoke, suspend, or refuse to renew a certification when the
regulant has been found to have violated or cooperated with others in violating
any provisions of this chapter or Chapter 23.4 (§ 54.1-2355 et seq.) of Title
54.1 of the Code of Virginia.
18VAC120-50-150. Maintenance of certification. (Repealed.)
A. Any change of address shall be reported within 30 days
of the change on a form provided by the department. The department shall not be
responsible for the regulant's failure to receive notices or correspondence due
to the regulant's failure to report a change of address. A post office box,
private mail box, or other mailing service address alone is not acceptable as
an address of record.
B. Any name change of the regulant shall be reported within
30 days of the change on a form provided by the department. The department
shall not be responsible for the regulant's failure to receive notices or
correspondence due to the regulant's failure to report a name change.
18VAC120-50-160. Transfer of certification prohibited. (Repealed.)
No certification issued by the director shall be assigned
or otherwise transferred.
18VAC120-50-170. Prohibited acts. (Repealed.)
A. All complaints against certified natural gas automobile
mechanics and technicians may be filed with the department at any time during
business hours, pursuant to subdivision A 8 of § 54.1-201 of the Code of
Virginia.
B. The following acts are prohibited:
1. Failing in any material way to comply with the provisions
of Chapter 1 (§ 54.1-100 et seq.) or Chapter 23.4 (§ 54.1-2355 et seq.) of
Title 54.1 of the Code of Virginia or the regulations of the department;
2. Furnishing substantially inaccurate or incomplete
information to the department in obtaining, renewing, reinstating, or
maintaining a certification;
3. Negligence or incompetence in the practice of alternative
fuel vehicle repair, conversion, or maintenance;
4. Misconduct in the practice of alternative fuel vehicle
repair, conversion, or maintenance;
5. Failing to respond to an agent of the department or
providing false, misleading, or incomplete information to an investigator
seeking information in the investigation of a complaint filed with the
department against the regulant or failing or refusing to claim certified mail
sent to the regulant's address of record shall constitute a violation of this
regulation;
6. Making any misrepresentation or making a false promise
that might influence, persuade, or induce;
7. Assisting another to violate any provision of Chapter 1
(§ 54.1-100 et seq.) or Chapter 23.4 (§ 54.1-2355 et seq.) of Title 54.1
of the Code of Virginia or this chapter; or combining or conspiring with or
acting as agent, partner, or associate for another to do so;
8. Allowing one's certification to be used by another;
9. After initial certification, being convicted or found
guilty, regardless of adjudication in any jurisdiction, of any felony or of any
misdemeanor, there being no appeal pending therefrom or the time of appeal
having elapsed. Any plea of guilty or nolo contendere shall be considered a
conviction for the purposes of this subdivision. The record of a conviction
received from a court shall be accepted as prima facie evidence of a conviction
or finding of guilt;
10. Failing to inform the department in writing within 30
days that the regulant has pleaded guilty or nolo contendere or was convicted
and found guilty of any felony or of a misdemeanor; and
11. Failing to ensure that all work performed on natural gas
fuel vehicles is consistent with the requirements set forth by the department,
the U.S. Environmental Protection Agency, the California Air Resources Board,
the National Fire Protection Agency 52: Vehicular Gaseous Fuel Systems Code, or
other applicable authority as determined by the director.
Part V
Education Providers and Training Requirements
18VAC120-50-180. Requirements for formal vocational training
providers, instructor qualifications, and course requirements. (Repealed.)
A. The director is responsible for reviewing applications
from education providers seeking board approval. Provider and course
applications must be submitted by the department's established deadlines.
B. The course provider shall submit an application for
course approval in a format approved by the director. The application shall
include, but is not limited to:
1. The name of the provider;
2. Provider contact person, address, and telephone number;
3. Contact hours for each course submitted for approval;
4. Schedule of courses, if established, including dates,
time, and locations;
5. Instructor information, including name, certification
number, if applicable, and a list of other appropriate trade designations;
6. Course and material fees for each course offered; and
7. A syllabus for each course submitted for approval.
C. Each applicant for approval as an instructor for an
approved formal vocational training provider shall have one of the following
qualifications:
1. A Natural Gas Automobile Mechanic or Technician
Certification issued by the director, or a comparable certification as
determined by the director, and two consecutive years of discipline-free
experience immediately prior to application; or
2. A minimum of three years of active experience in the
subject matter being taught. Such applicants shall teach only in the area of
their expertise and will be required to furnish proof of their expertise that
is satisfactory to the director.
D. Approval of formal vocation training courses shall
expire three years from the year in which the approval was issued, as indicated
on the approval document. At the end of the three years, the course provider
shall submit a new application to be approved by the director.
E. The course provider must establish and maintain a record
for each student. The record shall include the student's name and address;
social security number or a control number issued by the Virginia Department of
Motor Vehicles; the course name and clock hours attended; and the course
syllabus or outline, the name of the instructor, the date of successful
completion, and the board's course code. Records shall be available for
inspection during normal business hours by authorized representatives of the
board. Providers must maintain all student and class records for a minimum of
five years.
F. The course provider must provide each student with a
certificate of course completion or other documentation that the student may
use as proof of course completion. Such documentation shall contain the hours
of credit completed. Fifty contact minutes shall equal one credit hour. No
credit shall be awarded for partial credit hours or partial completion of the
course.
G. The course provider certifies that the laws,
regulations, and industry practices that will be taught or utilized in the
course are up-to-date and that subsequent changes in the laws, regulations, or
industry practices will be incorporated into the course curriculum as they
occur.
18VAC120-50-190. Educational provider and course approval
fees. (Repealed.)
A. All fees are nonrefundable and shall not be prorated.
The date on which the fee is received by the department or its agent will determine
whether the fee has been submitted within the time requirements of this
chapter. Checks or money orders shall be made payable to the Treasurer of
Virginia.
B. Fees are as follows:
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18VAC120-50-200. Posting formal education provider
certificate of approval. (Repealed.)
Copies of formal education provider certificates of
approval must be available at the location a course is taught.
18VAC120-50-210. Termination of approval. (Repealed.)
The director may withdraw approval of any formal vocational
provider or course for any of the following reasons:
1. The provider, instructors, courses, or subjects no longer
meet the standards established by the director.
2. The provider or instructor solicits information from any
person for the purpose of discovering past examination questions or questions
that may be used in future examinations.
3. The provider or instructor distributes to any person
copies of examination questions or otherwise communicates to any person
examination questions without receiving the prior written approval of the owner
to distribute or communicate those questions.
4. The provider, through an agent or otherwise, advertises
its services in a fraudulent, deceptive, or misrepresentative manner.
5. Officials, instructors, or designees of the provider sit
for the natural gas automobile technician or mechanic certification examination
for any purpose other than to obtain a certification.
6. The provider or instructor fails to allow any agent of
the board access to facilities or records to conduct a review or audit of the
approved courses, student records, or course materials.
7. The provider fails to submit an electronic roster of
students completing a course within seven business days in a method and in a
format approved by the department.
18VAC120-50-220. Course content. (Repealed.)
A. The following shall be included in the course that shall
not have less than 24 classroom hours, of which four hours are hands on
training:
1. Conversions, repairs, and maintenance.
2. Safety.
3. National Fire Protection Agency 52: Vehicular Gaseous
Fuel System Code.
4. Principles of natural gas.
5. Natural gas fuel line safety and inspection.
6. Natural gas fuel container mounting.
7. Fundamentals of natural gas engines.
8. Practical lab.
B. Courses shall be taught in a classroom environment. No
online courses or correspondence courses shall be approved.
18VAC120-50-230. Reporting changes. (Repealed.)
Any change in the information provided in subsection B of
18VAC120-50-180 must be reported to the director within 30 days of the change with
the exception of changes in the schedule of courses, which must be reported
within 10 days of the change. Failure to report the changes as required may
result in the withdrawal of approval of the course provider by the director.
FORMS (18VAC120-50)
Natural Gas Automobile Mechanics or Technicians
Certification Application, A505-2310CERT-v1 (rev. 5/2016)
Natural Gas Automobile Mechanics and Technicians Experience
Verification Form, A505-2310CNG_EXP-v3 (rev. 5/2016)
Natural Gas Automobile Mechanics and Technicians Training
Provider Approval Application A505-2330SCHL-v1 (rev. 5/2016)
Natural Gas Automobile Mechanics and Technicians Education
Course Approval Application A505-2331CRS-v1 (rev. 5/2016)
Address Change Form, A406-ACHG-v5 (rev. 6/2015)
Name Change Form, A406-NAMECHG-v4 (rev. 6/2015)