Part VI. General Standards of Practice and Conduct
18VAC15-21-380. Grounds for disciplinary action.
A. The board has the power to reprimand, fine, suspend, or revoke the license or training program approval of any regulant in accordance with § 54.1-516 of the Code of Virginia or this chapter when the regulant has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.
B. Any regulant whose license or training program approval is revoked under this section will not be eligible to reapply for a period of 12 months from the effective date of the order of revocation.
C. Any unlawful act or violation of any provision of Chapter 5 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 the asbestos supervisor or worker 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.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-390. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, including 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 5 (§ 54.1-500 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 or training program approval by false or fraudulent representation; maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation; or furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or training program approval.
3. Failing to notify the board in writing within 30 days after any change in address or name.
4. Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-21-30 or 18VAC15-21-150. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to notify the board in writing within 30 days of being convicted or found guilty of any felony or of any misdemeanor enumerated in 18VAC15-21-30 E or 18VAC15-21-150 D. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
6. Failing to notify the board in writing no later than 30 days after final disciplinary action against an asbestos abatement license or asbestos training program accreditation has been taken by another jurisdiction.
7. Violating any provision of AHERA or ASHARA or any federal or state regulation pertinent to asbestos abatement activity.
8. 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 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. Failing to act in providing professional services in a manner that safeguards the interests of the public.
9. 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, reports, specifications, or other documents related to an asbestos project not prepared or reviewed and approved by the regulant.
c. Knowingly misrepresenting factual information in expressing a professional opinion.
d. Allowing a license issued by the board to be used by another.
10. 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.
11. Failing or neglecting to submit information or documentation requested by the board or the board's representatives.
12. Refusing to allow state or federal representatives access to any area of an abatement site, analytical laboratory, or training facility for the purpose of compliance inspections or audits, whether announced or unannounced.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-400. Conflict of interest.
A. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with or financial interest in an asbestos analytical laboratory utilized by the contractor for asbestos sample analysis. The requirements of this subsection do not apply when the laboratory performing analysis is owned by the owner of the building where samples are taken.
B. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with an asbestos project monitor working on an asbestos project performed by that asbestos contractor. An asbestos contractor must not have any financial interests in the firm of which a project monitor is an employee and provides project monitoring services for that contractor. This section does not relieve a contractor of OSHA requirements set forth in 29 CFR 1926.1101.
C. It is a conflict of interest and a violation of this chapter for an asbestos contractor to enter into a contract to perform an asbestos project if the asbestos inspection or project design was performed by individuals with an employer-employee relationship with or financial interest in the asbestos contractor, unless the asbestos contractor provides the building owner with the Virginia Asbestos Licensing Consumer Information Sheet and the Virginia Asbestos Licensing Inspector/Project Designer/Contractor Disclosure Form prescribed by the department. The completed disclosure form must be submitted as part of the bid.
D. The requirements of this section do not apply to a contractor-subcontractor relationship between an asbestos contractor and an asbestos project monitor.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-410. Change of status for analytical laboratories.
A. The regulant must notify the department within 30 days of any changes to the responsible individual for each laboratory location.
B. The regulant must notify the board within 30 business days upon the loss of accreditation or proficiency rating, as required by 18VAC15-21-160, by any laboratory location.
C. The regulant must notify the board within 30 days if an employed analyst or asbestos project monitor performing asbestos laboratory analysis is removed from the AAR.
D. The regulant must notify the board in writing of any changes to the types of analysis for which the laboratory is licensed. When requesting to add an analysis type to the license, evidence of meeting the qualifications required by 18VAC15-21-160 must be submitted. The regulant must receive board approval of the analysis type prior to performing the analysis.
E. The licensee must notify the department within 30 days of any changes in the laboratory location.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-420. Transfer of license, firms.
Asbestos contractor licenses and analytical laboratory licenses are issued to firms as defined in this chapter and are not transferable. Should the legal firm holding the license be dissolved or altered to form a new firm, the original license becomes void and must be returned to the board within 30 days of the change. The new firm must apply for a new license within 30 days of the change in the firm. Such changes include:
1. Death of a sole proprietor;
2. Death or withdrawal of a general partner in a general partnership, or the managing partner in a limited partnership;
3. Termination or cancellation of a corporation or limited liability company; and
4. Conversion, formation, or dissolution of a corporation, a limited liability company, or an association or any other firm recognized under the laws of the Commonwealth.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-430. (Reserved).
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-440. Good standing in other jurisdictions.
A. Regulants in other jurisdictions must be in good standing in every jurisdiction where licensed, certified, or approved and must not have had a license, certification, or approval suspended, revoked, or surrendered in connection with a disciplinary action.
B. Regulants may be subject to disciplinary action or removal of an asbestos training program accreditation for disciplinary actions taken by another jurisdiction.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.
18VAC15-21-450. Response to inquiry and provision of records.
A. A regulant must respond within 10 days to a request by the board or any board agent regarding any complaint filed with the department.
B. Unless otherwise specified by the board, a regulant of the board must produce to the board or any board agent within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved or for which the regulant is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
C. A licensee must not provide a false, misleading, or incomplete response to the board or any board agent seeking information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or a board agent within 21 days.
Statutory Authority
§ 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 8, eff. January 2, 2026.