Part VI. General Standards of Practice and Conduct
18VAC15-20-400. Responsibility to the public.
The primary obligation of the licensee is to the public. If the licensee's judgment is overruled under circumstances when the safety, health, property and welfare of the public are endangered, the licensee shall inform the employer or client of the possible consequences and notify appropriate authorities if the situation is not resolved. The licensee shall take such action only when his authority to correct a problem has been ignored or overruled.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.
18VAC15-20-410. Public statements.
A. The licensee shall be truthful in all matters relating to the performance of asbestos abatement or asbestos consulting services.
B. When serving as an expert or technical witness, the licensee shall express an opinion only when it is based on an adequate knowledge of the facts in issue and on a background of technical competence in the subject matter. Except when appearing as an expert witness in court or an administrative proceeding when the parties are represented by counsel, the licensee shall issue no statements, reports, criticisms, or arguments on matters relating to practices which are inspired or paid for by an interested party or parties, unless one has prefaced the comment by disclosing the identities of the party or parties on whose behalf the licensee is speaking, and by revealing any self-interest.
C. Licensees or applicants shall not knowingly make a materially false statement, submit falsified documents or fail to disclose a material fact requested in connection with an application submitted to the board by any individual or business entity for licensure or renewal.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.2, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.
18VAC15-20-420. Solicitation of work.
In the course of soliciting work:
1. The licensee shall not bribe.
2. The licensee shall not falsify or permit misrepresentation of the licensee's work or an associate's academic or professional qualifications, nor shall the licensee misrepresent the degree of responsibility for prior assignments.
3. Materials used in the solicitation of employment shall not misrepresent facts concerning employers, employees, associates, joint ventures or past accomplishments of any kind.
4. Materials used in the solicitation of services shall not misrepresent facts of approval, federal, or state requirements.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.3, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.
18VAC15-20-430. Professional responsibility.
A. The licensee or accredited asbestos training provider shall, upon request or demand, produce to the board, or any of its representatives, any plan, document, book, record or copy of it in his possession concerning a transaction covered by this chapter, and shall cooperate in the investigation of a complaint filed with the board against a licensee or accredited asbestos training provider.
B. A licensee or accredited asbestos training provider shall not use the design, plans or work of another licensee or accredited asbestos training provider without the original professional's knowledge and consent and after consent, a thorough review to the extent that full responsibility shall be assumed by the user.
C. Accredited asbestos training providers shall admit board representatives for the purpose of conducting an on-site audit, or any other purpose necessary to evaluate compliance with this chapter and other applicable laws and regulations.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.4, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.
18VAC15-20-440. Good standing in other jurisdictions.
A. Licensees, accredited asbestos training providers, training managers, or principal instructors who perform project monitoring, project design, inspections, management planning, asbestos abatement training, asbestos contracting or supervisor work in other jurisdictions shall be in good standing in every jurisdiction where licensed, certified, or approved and shall not have had a license, certification or approval suspended, revoked or surrendered in connection with a disciplinary action.
B. Licensees, accredited asbestos training providers, training managers, or principal instructors shall notify the board in writing no later than 10 days after the final disciplinary action taken by another jurisdiction against their license or other approval to conduct asbestos abatement activities.
C. Licensees, accredited asbestos training providers, training managers, or principal instructors may be subject to disciplinary action or removal of an asbestos training program accreditation for disciplinary actions taken by another jurisdiction.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.5, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.
18VAC15-20-450. Grounds for disciplinary action.
A. The board shall have the authority to fine any licensee or accredited asbestos training program, accredited asbestos training provider or instructor, and to deny renewal, suspend, revoke or deny application for any license or approval as an accredited asbestos training program, accredited asbestos training provider or instructor provided for under Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia for:
1. Violating or inducing another person to violate any of the provisions of Chapter 1, 2, 3, or 5 of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.
2. Obtaining a license, approval as an accredited asbestos training program, approval as an accredited asbestos training provider or approval as an instructor through fraudulent means.
3. Altering or falsifying a Virginia Asbestos License or a training certificate from an accredited asbestos training program.
4. Violating any provision of AHERA or ASHARA, or any federal or state regulation pertinent to asbestos activity.
5. Having been found guilty by the board, an administrative body, or by a court of any misrepresentation in the course of performing his asbestos-related operating duties.
6. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of adjudication in any jurisdiction of the United States, of any felony or of any misdemeanor involving lying, cheating, or stealing, or of any violation while engaged in environmental remediation activity, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree or case decision by a court or regulatory agency with lawful authority to issue such order, decree or case decision shall be admissible as prima facie evidence of such conviction or discipline.
7. Failing to notify the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in environmental remediation activity which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
8. Negligence, or a continued pattern of incompetence, in the practice of the discipline in which the asbestos license is held.
9. Failing or neglecting to send any information or documentation that was requested by the board or its representatives.
10. Refusing to allow state or federal representatives access to any area of an abatement site for the purpose of lawful compliance inspections.
11. Failing to notify the board in writing within 30 days after any change in address or name.
12. 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.
Any unlawful act or violation of any provision of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or of the regulations of the board by any asbestos supervisor or asbestos worker may be cause for disciplinary action against the asbestos contractor for whom he works if it appears to the satisfaction of the board that the asbestos contractor knew or should have known of the unlawful act or violation.
B. Any individual or firm whose license, approval as an accredited asbestos training program, or approval as an accredited asbestos training provider is revoked under this section shall not be eligible to reapply for a period of one year from the effective date of the final order of revocation. The individual or firm shall meet all education, experience and training requirements, complete the application and submit the required fee for consideration as a new applicant.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from VR137-01-02 § 13.6, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; Volume 23, Issue 3, eff. December 1, 2006.