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Administrative Code

Virginia Administrative Code
11/21/2024

Part IV. Standards of Practice and Conduct

18VAC145-20-160. Professional conduct.

A licensed professional soil scientist:

1. Shall not submit any false statements, make any misrepresentations, or fail to disclose any facts requested concerning any application for initial licensure, renewal, or reinstatement;

2. Shall not engage in any fraud, deceit, or misrepresentation in advertising, in soliciting, or in providing professional services;

3. Shall not knowingly sign, stamp, or seal any plans, drawings, blueprints, surveys, reports, specifications, maps, or other documents not prepared or reviewed and approved by him;

4. Shall not knowingly represent a client or employer on a project on which he represents or has represented another client or employer without making full disclosure thereof;

5. Shall express a professional opinion only when it is founded on adequate knowledge of established facts at issue and based on a background of technical competence in the subject matter;

6. Shall not knowingly misrepresent factual information in expressing a professional opinion;

7. Shall immediately notify the client or employer and the appropriate regulatory agency if his professional judgment is overruled and not adhered to when advising appropriate parties of any circumstances of a substantial threat to the public health, safety, or welfare; and

8. Shall exercise reasonable care when rendering professional services and shall apply the technical knowledge, skill, and terminology ordinarily applied by practicing soil scientists.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Derived from VR627-02-01 § 4.1, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015.

18VAC145-20-170. Sanctions and powers of the board.

A. The board has the power to sanction any license holder at any time after a hearing conducted pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Sanctions may include but are not limited to the issuance of fines, the suspension of a license, the revocation of a license, or the levying of an additional requirement for remedial education. Sanctions may be levied against any regulant who has been determined by the board to have:

1. Committed fraud or deceit in obtaining or attempting to obtain initial licensure, renewal, or reinstatement;

2. Performed any act in the practice of his profession likely to deceive, defraud, or harm the public;

3. Committed any act of gross negligence, incompetence, or misconduct in the practice of soil science;

4. Been convicted of a felony under the terms specified in § 54.1-204 of the Code of Virginia; or

5. Violated or cooperated with others having violated any provisions of Chapter 22 (§ 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board.

B. The board may refuse to grant, renew, or reinstate the license of any person for any of the reasons specified in subsection A of this section or in circumstances where an individual fails to comply with the requirements of Chapter 22 (§ 54.1-2200 et seq.) of the Code of Virginia and this chapter.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Derived from VR627-02-01 § 4.2, eff. June 1, 1989; amended, Virginia Register Volume 9, Issue 14, eff. May 5, 1993; Volume 18, Issue 7, eff. January 16, 2002; Volume 31, Issue 10, eff. March 1, 2015.

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