18VAC15-21-390. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.
2. Obtaining or attempting to obtain a license or training program approval by false or fraudulent representation; maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation; or furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or training program approval.
3. Failing to notify the board in writing within 30 days after any change in address or name.
4. Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-21-30 or 18VAC15-21-150. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to notify the board in writing within 30 days of being convicted or found guilty of any felony or of any misdemeanor enumerated in 18VAC15-21-30 E or 18VAC15-21-150 D. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
6. Failing to notify the board in writing no later than 30 days after final disciplinary action against an asbestos abatement license or asbestos training program accreditation has been taken by another jurisdiction.
7. Violating any provision of AHERA or ASHARA or any federal or state regulation pertinent to asbestos abatement activity.
8. Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:
a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate licensure.
b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.
c. Failing to act in providing professional services in a manner that safeguards the interests of the public.
9. Actions constituting engaging in improper, fraudulent, or dishonest conduct, including:
a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.
b. Knowingly signing plans, reports, specifications, or other documents related to an asbestos project not prepared or reviewed and approved by the regulant.
c. Knowingly misrepresenting factual information in expressing a professional opinion.
d. Allowing a license issued by the board to be used by another.
10. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.
11. Failing or neglecting to submit information or documentation requested by the board or the board's representatives.
12. Refusing to allow state or federal representatives access to any area of an abatement site, analytical laboratory, or training facility for the purpose of compliance inspections or audits, whether announced or unannounced.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.