EXHIBIT D

..."the current system allows most people to work without a license and without a licensee even on premises, and therefor not under the Board's authority." -Trisha Henshaw, March 13 Correspondence to K.R. Davis (via FOIA)

EXHIBIT E

"Right now if we get a complaint about an unlicensed person, all that unlicensed person has to say is that he is working under a licensee, and we can't go any further" -Trisha Henshaw, March 13 Correspondence to K.R. Davis (via FOIA)

 The current policy requires that the licensed professional is responsible for the actions of any UNLICENSED persons.  See policy here. http://townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\Meeting\17\15657\Minutes_DPOR_15657_v2.pdf

As to the specifics for onsite soil evaluators, the previous policy as voted on without dissent by the Board and adopted on June 21, 2011 stated, "a licensed conventional or alternative onsite soil evaluator, as appropriate, shall be present and shall provide direct supervision to unlicensed individuals engaged in activities requiring an evaluator license." [emphasis added]  http://townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\Meeting\17\15656\Minutes_DPOR_15656_v3.pdf

Only after Mr. Allen Knapp, Virginia Department of Health lobbied the Board concerning the adverse impact of VDH of the June 21, 2011 interpretation did the Board alter it's prior position.

"Mr. K. Davis moved that if a licensed onsite soil evaluator has a direct employer-employee relationship or a written contract with an unlicensed individual, the unlicensed individual may perform soil evaluation tasks without the licensed onsite soil evaluator being present.  The licensed onsite soil evaluator will be responsible for the unlicensed individual's compliance with all applicable laws and regulations...."[emphasis added] see board minutes http://townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\Meeting\17\15657\Minutes_DPOR_15657_v2.pdf

With what appears this board to be trading favors to the sister executive branch agency, how does this board ever expect to adjudicate any OSE matter without predjudice?  The public record is very clear and on it's face, appears to be ripe with conflict.