Part V. Disciplinary Action
18VAC155-20-280. Grounds for denial of application, denial of renewal, or discipline.
A. The board shall have the authority to (i) deny an application for and to deny renewal of a license or training course approval, (ii) revoke or suspend the license or training course approval, and (iii) discipline a licensee or an approved training provider who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.
B. Any individual whose license is revoked under this section shall not be eligible to apply for licensure for a period of one year from the effective date of the final order of revocation. After the one-year period, the individual shall meet all education, examination, experience and training requirements, complete the application and submit the required fee for consideration as a new applicant.
C. The board shall conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from VR 674-01-02 § 8.1, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; Volume 16, Issue 14, eff. May 1, 2000; Volume 22, Issue 26, eff. November 1, 2006; Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-285. Prohibited acts.
Any of the following are cause for disciplinary action:
1. Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia, or any provision of this chapter.
2. Obtaining or renewing a license through fraudulent means or misrepresentation.
3. Having been found guilty by the board, an administrative body, or by a court of any material misrepresentation in the course of performing his operating duties.
4. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that 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 of 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.
5. Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
6. Gross negligence, or a continued pattern of incompetence, in the practice of a waste management facility operator.
7. Violating the permit conditions for the facility, or violating federal, state, or local laws or regulations, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.
8. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.
Statutory Authority
§§ 54.1-201 and 54.1-2211 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 32, Issue 22, eff. August 1, 2016.
18VAC155-20-290. (Repealed.)
Historical Notes
Derived from VR 674-01-02 § 8.2, eff. August 22, 1993; amended, Virginia Register Volume 11, Issue 1, eff. November 2, 1994; repealed, Virginia Register Volume 16, Issue 14, eff. May 1, 2000.