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Virginia Administrative Code
Title 18. Professional and Occupational Licensing
Agency 160. Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals
Chapter 40. Onsite Sewage System Professionals Licensing Regulations
9/21/2020

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.), 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. Allowing a license issued by the board to be used by another.

3. Obtaining or attempting to obtain a license by false or fraudulent representation, or maintaining or renewing a license by false or fraudulent representation.

4. A licensee having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions shall 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 or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460.

6. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

7. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, appropriate class or category of licensure, or any combination thereof.

8. Failing to report a change as required by 18VAC160-40-450.

9. Negligence, misconduct, or incompetence in the practice of the profession.

10. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

11. Failing to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of the master licensee.

12. 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.

13. Knowingly signing plans, drawings, reports, specifications, maps, or other documents related to an onsite sewage system not prepared or reviewed and approved by the licensee.

14. Knowingly misrepresenting factual information in expressing a professional opinion.

15. Failing to act in providing professional services in a manner that safeguards the interests of the public.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Volume 33, Issue 11, eff. April 1, 2017.

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