Administrative Code

Virginia Administrative Code
5/13/2021

Part IV. Reinstatement

18VAC120-30-170. Reinstatement required.

A. Any licensee who fails to renew his license within one calendar month after the expiration date on the license shall be required to apply for reinstatement and submit the proper fee referenced in 18VAC120-30-100.

B. Six calendar months after the expiration date on the license, reinstatement is no longer possible. To resume practice as a polygraph examiner, the former licensee must apply as a new applicant for licensure, meeting all then current entry requirements at the time of reapplication, including retaking an examination.

C. Any examiner activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under § 54.1-111 of the Code of Virginia.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 4.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-180. Department discretion to deny reinstatement.

The department may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee.

Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in delaying or withholding the services provided by the department, such as, but not limited to, renewal, reinstatement, processing of a new application, or examination administration. The regulant has a right to appeal any such action by the board under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 4.2; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-190. Status of a license during the period before reinstatement.

A. When a license is reinstated, the licensee shall continue to have the same license number and shall be assigned an expiration date one year from the previous expiration date of the license.

B. A licensee who reinstates his license shall be regarded as having been continually licensed without interruption. Therefore, the licensee shall remain under the disciplinary authority of the department during this entire period. Nothing in this chapter shall divest the department of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 4.3; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

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