Upon review of the proposed repeal of 12 VAC 5-615, Authorized Onsite Soil Evaluator Regulations, please note my objection to the fast track action.

While the purpose and intent of repealing 12 VAC 5-615 was long overdue, so much of the agency's explanation for repeal relies upon standards or code referenced to another agency. Running this action as a fast track process deprived the public sufficient opportunity to address the realm of potential consequences. One has a right to expect greater transparency, accountability, standardization, and consistency in the repeal of a regulation.  This action deserves further review and understanding of its potential impact on the regulated community. A few brief observations for further consideration:

•  The agency is without equal the Commonwealth's largest employer of onsite soil evaluators.
•  DPOR recognized the VDH AOSE certification when setting the minimum examination and experience requirements for initial licensure.

  Under section 12 VAC 5-615-90, the agency rationale for repeal stated, "Va. Code Section 54.1-400 provides additional guidance regarding the practice of engineer. [...]" In addition, please include a reference to § 54.1-406. License required:
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  A. Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a person shall hold a valid license prior to engaging in the practice of architecture or engineering which includes design, consultation, evaluation or analysis and involves proposed or existing improvements to real property.

  Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a person shall hold a valid license prior to engaging in the practice of land surveying.

  B. Unless exempted by § 54.1-402, any person, partnership, corporation or other entity offering to practice architecture, engineering, or land surveying without being registered or licensed in accordance with the provisions of this chapter, shall be subject to the provisions of § 54.1-111 of this title.

  Under section 12 VAC 5-615-100, the agency explains, "The Board does not have authority to qualify individuals as AOSEs. DPOR regulates the practice. The Board has other policies and regulations that implement this regulation. [...]" Please include a corresponding reference to § 54.1-2302. License required:

  No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license.