Administrative Code

Virginia Administrative Code
12/6/2021

Part II. Entry

18VAC160-40-20. Application procedures.

A. All applicants seeking licensure shall submit an application with the appropriate fee in 18VAC160-40-40. Applications shall be made on forms provided by the board.

By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board's regulations.

The receipt of an application and the deposit of fees by the board does not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications shall be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all required documents are received by the board. If an examination is required for licensure, the applicant will not be permitted to sit for the applicable board-approved examination until the application is complete and approved.

C. The applicant will be notified within 30 days of the board's receipt of an initial application if the application is incomplete. An individual who fails to complete the process within 12 months of receipt of the application in the board's office must submit a new application. If applicable, the applicant has 12 months from approval of the application to pass the board-approved examination. Failure to pass the board-approved examination within 12 months of approval will result in the applicant being required to submit a new application to be considered for licensure.

D. The applicant shall immediately report all changes in information supplied with the application, if applicable, prior to the issuance of the license or expiration of the application or examination period.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-30. General fee requirements.

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-40. Fee schedule.

Fee Type

Fee Amount

When Due

Initial application (for each profession, class, and category of license)

$100

With application

Renewal (for each profession, class, and category of license)

$80

With renewal application

Reinstatement (for each profession, class, and category of license)

$105 (renewal fee + $25 reinstatement fee)

With reinstatement application

For licenses expiring on or after January 31, 2018, and before January 31, 2020, the renewal fee shall be $50. For reinstatement applications received after January 31, 2018, and on or before January 31, 2020, the total reinstatement fee shall be $75.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018.

18VAC160-40-50. Examination fee.

The fee for examination or reexamination is subject to charges to the department by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with this contract.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-60. General requirements for licensure.

A. In addition to the specific qualifications for each profession, class, and category of licensure, each applicant for licensure shall meet the requirements provided in this section:

1. The applicant shall be at least 18 years old.

2. The applicant shall disclose his mailing address. A post office box is only acceptable as a mailing address when a physical address is provided.

3. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information:

a. All felony convictions.

b. All misdemeanor convictions that occurred within three years of the date of application.

Any plea of nolo contendere or finding of guilt regardless of adjudication or deferred adjudication shall be considered a conviction for the purposes of this section. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt.

B. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

C. The applicant shall report any suspension, revocation, or surrender of a license, certification, or registration in connection with a disciplinary action or that has been subject of discipline in any jurisdiction prior to applying for licensure. The board at its discretion may deny licensure to any applicant based on prior suspensions, revocations, or surrenders of licenses based on disciplinary action by any jurisdiction.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-70. Education and training for experience.

A. Each individual applying for a license may receive credit for up to half of the required experience for:

1. Satisfactory completion of postsecondary courses in wastewater, biology, chemistry, geology, hydraulics, hydrogeology, engineering, environmental science, agronomy, earth science, environmental health, or soil science at the rate of one month per semester hour or two-thirds of a month per quarter hour; or

2. Satisfactory completion of board-approved onsite sewage system installer or operator or onsite soil evaluation training courses, as applicable to the license sought, at the rate of one month for each training credit earned. Up to one training credit is awarded for each 10 hours of classroom contact time or for each 20 hours of laboratory exercises and field trip contact time. Training credit is not earned for breaks, meals, receptions, and time other than classroom, laboratory, and field trip contact time.

B. Education used to meet the education requirements to qualify for licensure may not be substituted for experience.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-80. Examination procedures and conduct.

A. Upon approval of the application, the board will notify the applicant of his eligibility to take the applicable examination. The license will not be issued prior to the receipt of a passing score for the applicable examination.

B. An applicant who does not receive a passing score within one year after the date of approval of the application by the board to sit for the examination must submit a new application and meet entry requirements in effect at the time of the submittal of the new application.

C. In those instances where the applicant is required to take an examination for licensure, the applicant shall follow all rules established by the board with regard to conduct at the examination. Such rules shall include written instructions communicated prior to the examination date and instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination shall be grounds for denial of the application, voiding of examination scores, or any combination thereof.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-90. Individuals certified or licensed in another jurisdiction.

Any applicant holding a valid license or certificate in another jurisdiction shall meet the requirements of this chapter, including having equivalent experience and education. The applicant shall pass the appropriate board-approved examination to become licensed in those instances where an examination for licensure is required.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-100. Full-time experience or equivalent.

For the purpose of this part, experience requirements are expressed in terms of calendar periods of full-time employment as an operator, installer, or onsite soil evaluator in the same class for which licensure is sought.

1. A year of full-time employment is defined as a minimum of 1,760 hours during a 12-month period or a minimum of 220 workdays in a 12-month period. A workday is defined as performing or assisting in the duties of an installer, operator, or onsite soil evaluator to the extent required for the proper installation or maintenance of onsite sewage systems or the evaluation of soil and soil properties for suitability as locations for onsite sewage systems. More than 1,760 hours or 220 workdays during a 12-month period will not be considered as more than one year of full-time employment.

2. Partial credit may be given for actual hours of work experience if the applicant works less than full time.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

18VAC160-40-105. Master licenses; conversion of licenses on April 1, 2017.

A. An individual holding a current license issued by the board that was valid on March 31, 2017, will be issued a master license in the same class and category of license, and with the same expiration date.

1. A conventional onsite sewage system installer license that is current on March 31, 2017, will be converted to a master conventional onsite sewage system installer license.

2. An alternative onsite sewage system installer license that is current on March 31, 2017, will be converted to a master alternative onsite sewage system installer license.

3. A conventional onsite sewage system operator license that is current on March 31, 2017, will be converted to a master conventional onsite sewage system operator license.

4. An alternative onsite sewage system operator license that is current on March 31, 2017, will be converted to a master alternative onsite sewage system operator license.

5. A conventional onsite soil evaluator license that is current on March 31, 2017, will be converted to a master conventional onsite soil evaluator license.

6. An alternative onsite soil evaluator license that is current on March 31, 2017, will be converted to a master alternative onsite soil evaluator license.

B. Any license issued pursuant to this section may be subject to disciplinary action in accordance with this chapter for any violation of the regulations that occurred under the license held prior to conversion in accordance with this section.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 11, eff. April 1, 2017.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.