Part IX. Standards of Practice and Conduct
18VAC160-40-440. Grounds for disciplinary action.
The board may impose a monetary penalty in accordance in § 54.1-202 A of the Code of Virginia; revoke, suspend, or refuse to renew any license; or place a licensee on probation in accordance with § 54.1-201 A 7 of the Code of Virginia when the licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code 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; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.
18VAC160-40-450. Maintenance of license.
A. No license issued by the board may be assigned or otherwise transferred.
B. A licensee must report to the board, in writing, any change of the following:
1. The licensee's legal name. Such report must be accompanied by documentation acceptable to the board that verifies the name change.
2. The licensee's address, to include the physical address when applicable.
C. A change in name or address must be reported to the board within 60 days of the change. The board is not responsible for the licensee's failure to receive notices, communications, or correspondence caused by the licensee's failure to report to the board any change of address.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-460. Notice of adverse action.
A. A licensee must notify the board of the following actions against the licensee.
1. Any disciplinary action taken by any jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, revocation, suspension or denial of a license, certificate, or registration, imposition of a monetary penalty, requirement to take remedial education, or other corrective action.
2. Any voluntary surrendering of a license, certificate, or registration done in connection with a disciplinary action taken by any jurisdiction, board, or administrative body.
3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any misdemeanor, except marijuana convictions, or of any felony, there being no appeal pending therefrom or the time for appeal having lapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
B. The notice must be given to the board, in writing, within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.
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 38, Issue 6, eff. December 8, 2021; Volume 42, Issue 7, eff. December 17, 2025.
18VAC160-40-470. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, 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 23 (§ 54.1-2300 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 by false or fraudulent representation, or maintaining, renewing, or reinstating a license by false or fraudulent representation.
3. Failure to report a change pursuant to 18VAC160-40-450.
4. A licensee having been convicted or found guilty in any jurisdiction or having been disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC160-40-460. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
5. Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC160-40-460.
6. Failure to comply with the requirements of 18VAC160-40-480.
7. 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 class or category of 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. Failure to adequately supervise and review work performed by unlicensed employees or journeyman licensees under the direct supervision of a master licensee.
d. Failure to obtain any permit, approval, or other document required by VDH related to the design, installation, repair, or operation of an onsite sewage system.
e. Failure to act when providing professional services in a manner that safeguards the interests of the public.
8. 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, drawings, reports, specifications, maps, or other documents related to an onsite sewage system that are not prepared or reviewed and approved by the licensee.
c. Knowingly misrepresenting factual information when expressing a professional opinion.
d. Allowing a license issued by the board to be used by another.
9. Failure to comply with the requirements of 18VAC160-40-500.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-480. Conflicts of interest.
The licensee must:
1. Promptly and fully inform an employer or client of any interest, circumstance, or business association that may influence the licensee's judgment or the quality of service.
2. Not accept compensation, financial or otherwise, from more than one party for services on or pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties in writing.
3. Neither solicit nor accept financial or other valuable consideration from material or equipment suppliers for specifying their products or services, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
4. Not solicit or accept gratuities, directly or indirectly, from contractors, contractor agents, or other parties dealing with a client or employer in connection with work for which the licensee is responsible, unless the circumstances are fully disclosed to and agreed to by all interested parties in writing.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-490. Licensee responsibility.
A. The primary obligation of the licensee is to the public. If the licensee's judgment is overruled and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, or welfare, the licensee must inform the employer and client, as applicable, of the possible consequences and notify appropriate authorities.
B. The licensee must sign, date, and include the licensee's license number on all final work products prepared or reviewed and approved by the licensee. For work products performed by a journeyman licensee, the master licensee providing direct supervision shall sign, date, and include the licensee's license number, along with the journeyman's signature, date, and license number on the final work product. A journeyman licensee will not submit a work project as final without the applicable master licensee's signature, date, and license number.
C. The licensee will not knowingly associate in a business venture with, or permit the use of the licensee's name by, any person or firm where there is reason to believe that person or firm is engaging in activity of a fraudulent or dishonest nature or is violating any law or regulation of the board.
D. A licensee who has direct knowledge that another individual or firm may be violating any of the provisions of this chapter or the provisions of Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia must immediately inform the board in writing and shall cooperate in furnishing any further information or assistance that may be required.
E. Except as provided in subsection F of this section, a licensee will not utilize the evaluations, design, drawings, or work of another licensee without the knowledge and written consent of the licensee or organization of ownership that originated the design, drawings, or work.
F. A licensee who relies on information in VDH files or has received permission to modify or otherwise utilize the evaluation, design, drawings, or work of another licensee pursuant to subsection E of this section or this subsection may certify that work only after a thorough review of the evaluation, design, drawings or work and after the licensee determines that the licensee is willing to assume full responsibility for all design, drawings, or work on which the licensee relies for the licensee's opinion.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-500. Response to inquiry and provision of records.
A. A licensee must respond within 10 days to a request by the board or any of the board's agents regarding any complaint filed with the department.
B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of the board's agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved, or for which the licensee 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 will not provide a false, misleading, or incomplete response to the board or any of its agents 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 the board's agent within 21 days.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-510. Master licensee's professional responsibilities.
A. Any work performed by a journeyman regulated pursuant to Chapter 23 (§ 54.1-2300 et seq.) of Title 54.1 of the Code of Virginia and this chapter must be under the direct supervision of the master. Such master and journeyman must have an employment or written contractual relationship.
B. Each master must maintain documentation of the employment or contractual relationship with each journeyman under the master's direct supervision. Such documentation must be kept for a minimum of five years and must include, at a minimum, the beginning and ending dates of the employment or contractual relationship.
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 42, Issue 7, eff. December 17, 2025.
18VAC160-40-515. Licensee responsible for regulated activities performed on site.
A. For the installation of onsite sewage systems, the decision-maker and the individual executing the installation of approved permits must be licensed as a journeyman or master onsite sewage system installer in the appropriate class of license. In addition, a journeyman or master onsite sewage system installer in the appropriate class of license must be on site.
B. For operation and maintenance of onsite sewage systems, the decision-maker must be licensed as a journeyman or master onsite sewage system operator in the appropriate class of license. In addition, a journeyman or master onsite sewage system operator in the appropriate class of license must be on site where regulated activities are being performed.
C. For soil evaluation and design, the decision-maker must be licensed as a journeyman or master onsite soil evaluator in the appropriate class of license. In addition, a journeyman or master onsite soil evaluator in the appropriate class of license must be on site where regulated activities are being performed.
Statutory Authority
§§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.
18VAC160-40-520. Pumping of alternative onsite sewage systems by conventional onsite sewage system operators.
A conventional onsite sewage system operator with the appropriate sewage handling permit issued by VDH or a local independent health department may pump an alternative onsite sewage system without the alternative onsite sewage system operator present, provided that the conventional onsite sewage system operator performs the pumping at the request and direction of the alternative onsite sewage system operator. The conventional onsite sewage system operator is only permitted to pump the tank and is not authorized to perform any other functions associated with the operation and maintenance of the alternative onsite sewage system.
Statutory Authority
§§ 54.1-201 and 54.1-2301 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 7, eff. December 17, 2025.