Administrative Code

Virginia Administrative Code
10/19/2021

Part IV. Reinstatement

18VAC50-22-160. Reinstatement required.

Should the Department of Professional and Occupational Regulation fail to receive a license holder's renewal form and appropriate fees within 30 days of the license expiration date, the licensee shall be required to reinstate the license. Applicants for reinstatement of a Class C license shall meet the requirements of 18VAC50-22-130. Applicants for reinstatement of a Class B license shall continue to meet the qualifications for licensure set forth in 18VAC50-22-50. Applicants for reinstatement of a Class A license shall continue to meet all the qualifications for licensure set forth in 18VAC50-22-60. Applicants for reinstatement of a residential building energy analyst firm license shall continue to meet all of the qualifications for licensure set forth in 18VAC50-22-62 and shall submit proof of insurance as required in 18VAC50-22-62 C.

Statutory Authority

§§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.

Historical Notes

Derived from VR220-01-2:1 § 4.1, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016.

18VAC50-22-170. Reinstatement fees.

Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

Fee Type

When Due

Amount Due

Class C reinstatement

with reinstatement application

$405*

Class B reinstatement

with reinstatement application

$460*

Class A reinstatement

with reinstatement application

$490*

Residential Building Energy Analyst Firm reinstatement

with reinstatement application

$405*

*Includes renewal fee listed in 18VAC50-22-140.

The date on which the reinstatement fee is received by the Department of Professional and Occupational Regulation or its agent shall determine whether the licensee is eligible for reinstatement or must apply for a new license and meet the entry requirements in place at the time of that application. In order to ensure that licensees are qualified to practice as contractors, no reinstatement will be permitted once two years from the expiration date of the license have passed.

For reinstatement fees received on or before August 31, 2021, the fees shall be $330 for Class C reinstatement, $390 for Class B reinstatement, and $420 for Class A reinstatement. These fees include the renewal fee listed in 18VAC50-22-140.

Statutory Authority

§§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.

Historical Notes

Derived from VR220-01-2:1 § 4.2, eff. March 31, 1995; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 17, Issue 21, eff. September 1, 2001; Volume 19, Issue 6, eff. January 1, 2003; Volume 21, Issue 20, eff. August 1, 2005; Volume 26, Issue 11, eff. April 1, 2010; Volume 31, Issue 20, eff. August 1, 2015; Volume 32, Issue 3, eff. January 1, 2016; Errata, 32:5 VA.R. 758 November 2, 2015; Volume 33, Issue 19, eff. July 1, 2017; Volume 35, Issue 21, eff. August 1, 2019.

18VAC50-22-180. Status of licensee during the period prior to reinstatement.

A. When a license is reinstated, the licensee shall continue to have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.

B. A contractor who reinstates his license shall be regarded as having been continuously licensed without interruption. Therefore:

1. The contractor shall remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period.

2. A consumer who contracts with a contractor during the period between the expiration of the license and the reinstatement of the license shall not be prohibited from making a claim on the Virginia Contractor Transaction Recovery Fund.

A contractor who fails to reinstate his license shall be regarded as unlicensed from the expiration date of the license forward.

Nothing in this chapter shall divest the board of its authority to discipline a contractor for a violation of the law or regulations during the period of time for which the contractor was licensed.

C. A residential building energy analyst firm that reinstates its license shall be regarded as having been continuously licensed without interruption and shall remain under the disciplinary authority of the board during this entire period and may be held accountable for its activities during this period.

Statutory Authority

§§ 54.1-201, 54.1-1102, and 54.1-1146 of the Code of Virginia.

Historical Notes

Derived from VR220-01-2:1 § 4.3, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001; Volume 32, Issue 3, eff. January 1, 2016.

18VAC50-22-190. Board discretion to deny reinstatement.

A. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal any such action by the board under the Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).

B. Failure to timely pay any monetary penalty, reimbursement of cost or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department such as, but not limited to, renewal, reinstatement, processing of a new application, or exam administration.

Statutory Authority

§§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Historical Notes

Derived from VR220-01-2:1 § 4.4, eff. March 31, 1995; amended, Virginia Register Volume 17, Issue 21, eff. September 1, 2001.

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