18VAC120-30-240. Prohibited acts.
The department may fine, deny, suspend, or revoke any license or registration, or deny or withdraw school approval upon a finding that the applicant, licensee, registrant, or school:
1. Has presented false or fraudulent information when applying for any license or registration, renewal of license or registration, or approval;
2. Has violated, aided, or abetted others to violate Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), or 3 (§ 54.1-300 et seq.) of Title 54.1 or §§ 54.1-1800 through 54.1-1806 of the Code of Virginia, or of any other statute applicable to the practice of the profession regulated by this chapter, or of any provisions of this chapter;
3. Has been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any felony or non-marijuana misdemeanor. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;
4. Has made, in the course of soliciting for or advertising a business or service licensed under § 54.1-1802.1 of the Code of Virginia, a false, deceptive, or misleading statement orally, in writing, or in printed form;
5. Has allowed one's license or registration to be used by anyone else;
6. Has failed, within a reasonable period of time of 21 days, to provide any records or other information requested or demanded by the department;
7. Has displayed professional incompetence or negligence in the performance of polygraphy;
8. Has violated any provision of 18VAC120-30-220;
9. Has failed to maintain for a period of one year from the date of each administered polygraph examination a complete and legible copy of all documents relating to the polygraph examination including examination questions, results, conclusions drawn, and written or electronic reports;
10. Has failed to inform the department in writing within 30 days that the regulant, school's owner, or instructor has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or any non-marijuana misdemeanor conviction;
11. Has refused or failed, upon request, to produce to the department or any of the department's agents any document, book, or record or copy of any document, book, or record in the regulant's or school owner's possession concerning all records for which the regulant, school owner, or instructor is required to maintain; or
12. Has failed to respond to an investigator or provides false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the department against the regulant, school owner, or instructor.
Statutory Authority
§ 54.1-1802.1 of the Code of Virginia.
Historical Notes
Derived from VR190-03-1 § 5.5, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 38, Issue 5, eff. December 1, 2021; Volume 42, Issue 4, eff. November 5, 2025.