18VAC160-40-470. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, 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 23 (§ 54.1-2300 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 by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.
3. Failure to report a change pursuant to 18VAC160-40-450.
4. A licensee having been convicted or found guilty in any jurisdiction or having been disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-40-460.
6. Failure to comply with the requirements of 18VAC160-40-480.
7. 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 class or category of 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. Failure to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of a master licensee.
d. Failure to obtain any permit, approval, or other document required by VDH related to the design, installation, repair, or operation of an onsite sewage system.
e. Failure to act when providing professional services in a manner that safeguards the interests of the public.
8. 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, drawings, reports, specifications, maps, or other documents related to an onsite sewage system that are not prepared or reviewed and approved by the licensee.
c. Knowingly misrepresenting factual information when expressing a professional opinion.
d. Allowing a license issued by the board to be used by another.
9. Failure to comply with the requirements of 18VAC160-40-500.
Statutory Authority
§§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.