dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4407. Enforcement of laws by the Executive Director or investigators; authority of investigators appointed by the Executive Director.
A. The Executive Director or investigators appointed by him shall:

1. Be sworn to enforce the statutes and regulations pertaining to the Board;

2. Have the authority to investigate violations of the statutes and regulations that the Executive Director is required to enforce;

3. Have the authority to issue summonses for violations of the provisions of this chapter or regulations promulgated by the Board.

B. In the event a person or entity that is issued a summons by the Executive Director or investigators appointed by him fails or refuses to discontinue the unlawful acts or refuses to give a written promise to appear at the time and place specified in the summons, the Executive Director or the investigators may appear before a magistrate or other issuing authority having jurisdiction to obtain a criminal warrant under § 19.2-72.

C. The Executive Director and all investigators appointed by the Executive Director are vested with the authority to administer oaths or affirmations (i) for the purpose of receiving complaints and conducting investigations of violations of the provisions of this chapter or any regulations promulgated by the Board or (ii) in connection with any investigation conducted on behalf of the Board. The Executive Director and the investigators are vested with the authority to (a) obtain, serve, and execute any warrant, paper, or process issued by any court or magistrate or by the Board under the authority of the Executive Director and (b) request and receive criminal history information under the provisions of § 19.2-389.

D. The authority of the Executive Director shall include the ability to request and receive reports from the Central Criminal Records Exchange to be used for the purpose of the investigative and enforcement authority of the Executive Director and not to be disseminated except as provided for in this section.

2001, c. 832; 2004, c. 602; 2007, c. 804; 2024, cc. 654, 677.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4408. Subpoenas.
In addition to the authority granted in § 2.2-4022 to issue subpoenas and the right to issue subpoenas granted the Board, the Executive Director or a designated subordinate shall have the right to make an ex parte application to the circuit court for the city or county where evidence sought is kept or where a person or firm does business, for the issuance of a subpoena for the production of documents. The subpoena shall be requested to further the investigation of a sworn complaint within the jurisdiction of the Board by requesting production of any relevant records, documents, or physical or other evidence of any person or firm regulated by the Board. The court shall be authorized to issue and compel compliance with the subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena for the production of documents requiring the immediate production of evidence.

2001, c. 832; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4409. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4409.1. Licensing requirements for persons.
A. A person must be licensed in order to use the CPA title in Virginia.

1. The person shall hold a Virginia license if he provides services to the public and the principal place of business in which he provides those services is in Virginia.

2. Other persons shall not be required to hold a Virginia license in order to use the CPA title in Virginia provided that they hold the license of another state and comply with the practice privilege provisions of § 54.1-4411.

B. The Board shall prescribe the methods, fees, and continuing professional education requirements for a person to apply for the issuance, renewal, or reinstatement of a Virginia license.

C. The Board has the authority to refuse to grant a person the privilege of using the CPA title in Virginia if, based upon all the information available, the Board finds that the person is unfit or unsuited to use the CPA title in Virginia. The Board shall not refuse to grant a person the privilege of using the CPA title in Virginia solely because of a criminal conviction.

2007, c. 804; 2017, c. 403; 2025, cc. 523, 539.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4410. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4412. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4413. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4413.3. Standards of conduct and practice.
Persons using the CPA title in Virginia and firms providing attest services, compilation services, or financial statement preparation services to persons or entities located in Virginia shall conform to the following standards of conduct and practice.

1. Exercise sensitive professional and moral judgment in all activities.

2. Act in a way that serves the public interest, honors the public trust, and demonstrates commitment to professionalism.

3. Perform all professional responsibilities with the highest sense of integrity, maintain objectivity and freedom from conflicts of interest in discharging professional responsibilities, and avoid knowingly misrepresenting facts or inappropriately subordinating judgment to others.

4. Follow the Code of Professional Conduct, and the related interpretive guidance, issued by the American Institute of Certified Public Accountants, or any successor standard-setting authorities.

5. Follow the technical standards, and the related interpretive guidance, issued by committees and boards of the American Institute of Certified Public Accountants that are designated by the Council of the American Institute of Certified Public Accountants to promulgate technical standards, or that are issued by any successor standard-setting authorities.

6. Follow the standards, and the related interpretive guidance, as applicable under the circumstances, issued by the Comptroller General of the United States, the Federal Accounting Standards Advisory Board, the Financial Accounting Standards Board, the Governmental Accounting Standards Board, the Public Company Accounting Oversight Board, the U. S. Securities and Exchange Commission, comparable international standard-setting authorities, or any successor standard-setting authorities.

7. Do not engage in any activity that is false, misleading, or deceptive.

2007, c. 804; 2015, c. 287.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4413.5. Confidential consent agreements.
A. The Board may enter into a confidential consent agreement with a person or firm in lieu of disciplinary action.

B. A confidential consent agreement:

1. Shall be entered into only in cases involving minor violations of the provisions of this chapter or regulations promulgated by the Board;

2. Shall not be disclosed by the person or firm;

3. Shall include findings of fact and may include an admission or a finding of a violation; and

4. Shall not be considered a notice or order of the Board but may be considered by the Board in future disciplinary proceedings.

C. The Board shall adopt regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) to implement the provisions of this section. Such regulations shall identify the type of minor violations for which confidential consent orders may be offered and limit the number of confidential consent orders that may be offered to the same licensee in any given period. The Board shall not enter into a confidential consent agreement if there is probable cause to believe a licensee has demonstrated gross negligence or intentional misconduct in the practice of public accounting.

2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4414. Prohibited acts.
Neither (i) a person who does not hold a Virginia license or who does not meet the requirements to use the CPA title in Virginia under the practice privilege provisions of § 54.1-4411 nor (ii) an entity that does not meet the criteria prescribed by subdivision D 1 of § 54.1-4412.1 shall:

1. Practice public accounting;

2. Claim to hold a license to use the CPA title;

3. Make any other claim of licensure, registration, or approval related to the preparation of financial statements that is false or misleading;

4. Use the CPA title; or

5. Refer to any of the standard-setting authorities listed in the standards of conduct and practice in subdivisions 5 and 6 of § 54.1-4413.3, or refer to or use any of the terminology prescribed by those authorities for reporting on financial statements, in any form or manner of communication about services provided to persons or entities located in Virginia.

2001, c. 832; 2004, c. 602; 2007, c. 804; 2025, cc. 523, 539.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4415. Exemptions from unlawful acts.
The unlawful acts listed in § 54.1-4414 shall not apply to a person or entity holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accounting or its equivalent in the country, provided that:

1. The practice of the person or entity in Virginia is limited to providing services to persons or entities who are residents of, governments of, or business entities of the country in which the entitlement is held;

2. The person or entity does not engage in the practice of public accounting for any other person, firm, or governmental unit located in Virginia; and

3. The person or entity designates the country of origin and does not use any title or designation other than the one under which he or the entity may lawfully practice in the country of origin, which may be followed by a translation of the title or designation into English.

2001, c. 832; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4416. Board's powers with respect to hearings under this chapter.
The Board may, in hearings arising under this chapter, determine the place in Virginia where the hearings shall be held; subpoena witnesses; take depositions of witnesses in the manner provided for in civil actions in courts of record; pay the witnesses fees and mileage and other expense reimbursements for their attendance as is provided for witnesses in civil actions in courts of record; and administer oaths.

2001, c. 832; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4417. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4418. Recovery of cost after grant of formal fact-finding.
After a formal fact-finding under § 2.2-4020 in which a penalty is imposed to fine, or to suspend, revoke or refuse to reinstate or lift the suspension of a Virginia license, the Board may assess the holder or former holder of the license the cost of conducting the fact-finding when the Board has final authority to grant the license, unless the Board determines that the offense was inadvertent or done in a good-faith belief that the act did not violate provisions of this chapter or regulations promulgated by the Board. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer, (ii) the actual cost of recording the proceedings, (iii) a reasonable administrative charge for personnel and other administrative costs incurred by the Board in connection with the hearing, and (iv) a reasonable charge for any consultants retained by the Board.

2001, c. 832; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4419. Repealed.
Repealed by Acts 2007, c. 804, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4420. Repealed.
Repealed by Acts 2024, cc. 654, 677; effective July 1, 2024.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4421. Biennial report.
The Board shall submit a biennial report to the Governor and General Assembly on or before November 1 of each even-numbered year. The biennial report shall contain, at a minimum, the following information: (i) a description of the Board's activities, (ii) a report on the Board's financial statements, (iii) statistical information regarding the administrative hearings and decisions of the Board, and (iv) a general summary of all complaints received against persons and firms and the procedures used to resolve the complaints.

2001, c. 832; 2004, c. 650; 2007, c. 804; 2024, cc. 654, 677.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4422. Expired.
Expired.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4423. Use of consultants in investigations.
A. The Board may develop a roster of consultants and may contract with consultants to assist the Board in investigating and evaluating violations of the provisions of this chapter and regulations promulgated by the Board and to provide expert testimony as necessary in any subsequent administrative hearing or court proceeding. The consultants' compensation shall be determined and paid by the Board.

B. Any consultant under contract with the Board shall have immunity from civil liability resulting from any communication, finding, opinion, or conclusion made in the course of his duties unless the person acted in bad faith or with malicious intent.

2003, c. 291; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4424. Certain information not to be made public.
Tax returns, financial statements, and other financial information that is not generally available to the public through regulatory disclosure or otherwise, subdivision 3 of § 54.1-108 notwithstanding, provided to the Board by a complainant or as a result of an investigation of a licensee by the Board in response to a complaint shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

2012, c. 375.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4425. Time for filing complaints against CPAs or CPA firms.
A. Except as otherwise provided in subsections B and C, any complaint against the holder of a Virginia license for any violation of statutes or regulations pertaining to the Board or any of the programs that may be in another title of the Code for which the Board has enforcement responsibility, in order to be investigated by the Board, shall be made in writing, or otherwise made in accordance with Board procedures, and received by the Board within five years of the act, omission, or occurrence giving rise to the violation.

B. However, where a holder of a Virginia license has materially and willfully misrepresented, concealed, or omitted any information and the information so misrepresented, concealed, or omitted is material to the establishment of the violation, the complaint may be made at any time within two years after discovery of the misrepresentation, concealment, or omission.

C. In cases where criminal charges have been filed involving matters that, if found to be true, would also constitute a violation of the regulations or laws of the regulant's profession enforced by the Board, an investigation may be initiated by the Board at any time within five years following the date of conviction.

D. In order to be investigated by the Board, any complaint against an individual or firm using the CPA title in Virginia under the practice privilege provisions of § 54.1-4411 or against a firm or entity providing attest services, compilation services, or financial statement preparation services under subsection C of § 54.1-4412.1 for any violation of statutes or regulations pertaining to the Board or any of the programs that may be in another title of this Code for which the Board has enforcement responsibility shall be made in writing, or otherwise made in accordance with Board procedures, and received by the Board within five years of the act, omission, or occurrence giving rise to the violation.

E. Public information obtained from any source may serve as the basis for a written complaint. Nothing in this section shall be construed to require the filing of a complaint if the alleged violation of the statute or regulation is discovered during an investigation authorized by law, and the acts, omissions, or conditions constituting the alleged violations are witnessed by a sworn investigator appointed by the Executive Director.

F. Nothing herein shall deny the right of any party to bring a civil cause of action in a court of law.

2013, c. 297; 2017, c. 403; 2024, cc. 654, 677; 2025, cc. 523, 539.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-500.1. Virginia Board for Asbestos, Lead, and Home Inspectors; membership; meetings; offices; quorum.
The Virginia Board for Asbestos, Lead, and Home Inspectors shall be appointed by the Governor and composed of 12 members as follows: (i) one shall be a representative of a Virginia-licensed asbestos contractor, (ii) one shall be a representative of a Virginia-licensed lead contractor, (iii) one shall be either a Virginia-licensed asbestos inspector or project monitor, (iv) one shall be a Virginia-licensed lead risk assessor, (v) one shall be a representative of a Virginia-licensed asbestos analytical laboratory, (vi) one shall be a representative of an asbestos or lead training program, (vii) one shall be a member of the Board for Contractors, (viii) three shall be Virginia-licensed home inspectors, and (ix) two shall be citizen members. After the initial staggering of terms, the terms of members of the Board shall be four years, except that vacancies may be filled for the remainder of the unexpired term. The home inspector members appointed to the Board shall have practiced as a home inspector for at least five consecutive years immediately prior to appointment.

The Board shall meet at least once each year and other such times as it deems necessary. The Board shall elect from its membership a chairman and a vice-chairman to serve for a period of one year. Seven members of the Board shall constitute a quorum. The Board is vested with the powers and duties necessary to execute the purposes of this chapter.

1993, c. 660; 1994, cc. 185, 911; 1996, cc. 180, 846; 1997, c. 885; 2001, c. 723; 2009, cc. 358, 819; 2012, cc. 522, 803, 835; 2016, cc. 161, 436; 2022, cc. 576, 577; 2024, cc. 93, 94.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-501.1. Applicability.
The provisions of this chapter shall not apply to any employer, or any employees of such employer, regulated by the federal Occupational Safety and Health Act, and under the enforcement authority of the Occupational Safety and Health Administration.

1992, c. 52.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-502. Interdepartmental implementation plan.
The Board, in conjunction with the Departments of General Services, Health, Labor and Industry, Education, and Environmental Quality, shall develop a plan for the implementation of this chapter which specifies the duties of each agency.

1987, c. 579, § 54-145.6; 1988, cc. 765, 802; 1989, c. 397; 1990, cc. 73, 823; 1993, c. 660.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-503. Licenses required.
A. It shall be unlawful for any person who does not have an asbestos contractor's license to contract with another person, for compensation, to carry out an asbestos project or to perform any work on an asbestos project. It shall be unlawful for any person who does not have an asbestos project designer's license to develop an asbestos project design. It shall be unlawful for any person who does not have an asbestos inspector's license to conduct an asbestos inspection. It shall be unlawful for any person who does not have an asbestos management planner's license to develop an asbestos management plan. It shall be unlawful for any person who does not have a license as an asbestos project monitor to act as project monitor on an asbestos project.

B. It shall be unlawful for any person who does not possess a valid asbestos analytical laboratory license issued by the Board to communicate the findings of an analysis, verbally or in writing, for a fee, performed on material known or suspected to contain asbestos for the purpose of determining the presence or absence of asbestos.

C. It shall be unlawful for any person who does not possess a license as a lead contractor to contract with another person to perform lead abatement activities or to perform any lead abatement activity or work on a lead abatement project. It shall be unlawful for any person who does not possess a lead supervisor's license to act as a lead supervisor on a lead abatement project. It shall be unlawful for any person who does not possess a lead worker's license to act as a lead worker on a lead abatement project. It shall be unlawful for any person who does not possess a lead project designer's license to develop a lead project design. It shall be unlawful for any person who does not possess a lead inspector's license to conduct a lead inspection. It shall be unlawful for any person who does not possess a lead risk assessor's license to conduct a lead risk assessment. It shall be unlawful for any person who does not possess a lead inspector's or lead risk assessor's license to conduct lead abatement clearance testing.

D. It shall be unlawful for any individual who does not possess a license as a home inspector issued by the Board to perform a home inspection for compensation on a residential building. It shall be unlawful for any individual who does not possess a home inspector license with the new residential structure endorsement to conduct a home inspection for compensation on any new residential structure. For purposes of this chapter, "new residential structure" means a residential structure for which the first conveyance of record title to a purchaser has not occurred, or of which a purchaser has not taken possession, whichever occurs later.

1987, c. 579, § 54-145.7; 1988, cc. 765, 802; 1989, c. 397; 1990, c. 73; 1993, c. 660; 1994, cc. 185, 911; 1995, cc. 543, 585; 1996, cc. 180, 846; 1997, cc. 560, 885; 1998, c. 739; 2004, c. 133; 2009, c. 819; 2015, c. 411; 2016, cc. 161, 436; 2024, cc. 93, 94.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-504. Asbestos supervisor's or worker's license required; exception.
After July 1, 1988, it shall be unlawful for an individual who does not have an asbestos supervisor's license or worker's license to work on an asbestos project. No asbestos supervisor's license or worker's license shall be required for a supervisor or worker in the installation, maintenance, repair or removal of asbestos-containing roofing, flooring or siding material, provided that such supervisor or worker shall satisfy any training requirements promulgated by the Board pursuant to § 54.1-501.

1987, c. 579, § 54-145.8; 1988, c. 765; 1989, c. 397; 1993, c. 660.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-504.1. Notices for handling asbestos.
The Department of Professional and Occupational Regulation shall include with every asbestos worker's license a notice, in English and Spanish, containing a summary of the basic worker safety procedures regarding the handling of asbestos and information on how to file a complaint with the Virginia Board for Asbestos, Lead, and Home Inspectors.

2016, c. 252.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-505. Qualification for an asbestos contractor's license.
To qualify for an asbestos contractor's license, an applicant shall:

1. Except as provided in § 54.1-504, ensure that each of his employees or agents who will come into contact with asbestos or who will be responsible for an asbestos project is licensed as an asbestos supervisor or worker; and

2. Demonstrate to the satisfaction of the Board that the applicant and his employees or agents are familiar with and are capable of complying fully with all applicable requirements, procedures and standards of the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, the Department of Labor and Industry, and the State Air Pollution Control Board covering any part of an asbestos project.

1987, c. 579, § 54-145.9; 1988, cc. 765, 802; 1989, c. 397; 1993, c. 660; 1996, cc. 180, 846.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-506. Repealed.
Repealed by Acts 1993, c. 660.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-507. Repealed.
Repealed by Acts 1992, c. 477.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-508. Repealed.
Repealed by Acts 1993, c. 660.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-510. Repealed.
Repealed by Acts 1988, c. 802.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-511. Repealed.
Repealed by Acts 1993, c. 660.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-512. Exemptions from licensure.
A. In an emergency, the Board may, at its discretion, waive the requirement for asbestos contractor's, supervisor's and worker's licenses.

B. Any employer, and any employee of such employer, who conducts an asbestos project on premises owned or leased by such employer shall be exempt from licensure.

C. Notwithstanding the provisions of the Virginia Tort Claims Act (§ 8.01-195.1 et seq.), neither the Commonwealth nor any agency or employee of the Commonwealth shall be subject to any liability as the result of a determination made by the Board hereunder.

D. Nothing in this chapter shall be construed as requiring the licensure of a contractor who contracts to undertake a project, a portion of which constitutes an asbestos or lead abatement project if all of the asbestos or lead abatement work is subcontracted to a person licensed to perform such work in accordance with the provisions of this chapter.

E. This chapter shall not apply to any person who performs lead-based paint activities within residences which they own, unless the residence is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being conducted or a child is residing in the property and has been identified as having an elevated blood-lead level.

1987, c. 579, § 54-145.10:6; 1988, cc. 765, 807; 1989, c. 397; 1993, c. 660; 1996, cc. 180, 846; 1998, c. 739; 2009, c. 819; 2024, cc. 93, 94.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-513. Repealed.
Repealed by Acts 1998, c. 739.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-514. Award of contracts by state agencies and political subdivisions.
A state agency or a political subdivision shall not award a contract in connection with an asbestos project to a person who does not hold an asbestos contractor's, inspector's, management planner's or project designer's license at the time the bid is submitted unless the general contractor to whom the contract is awarded will be contractually committed to have all asbestos related work performed by its own subcontractors who are appropriately licensed as asbestos contractors, inspectors, management planners or project designers pursuant to this chapter.

1987, c. 579, § 54-145.10:8; 1988, cc. 765, 802; 1989, c. 397; 1990, c. 105; 1996, cc. 180, 846.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-515. Employer discrimination; penalty.
Any employer who discriminates against or otherwise penalizes an employee who complains to or cooperates with the Board or any other governmental agency in administering this chapter is subject to the penalties in § 54.1-517.

1987, c. 579, § 54-145.10:9; 1988, c. 765; 1993, cc. 499, 660.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-516. Disciplinary actions.
A. The Board may reprimand, fine, suspend or revoke (i) the license of a lead contractor, lead inspector, lead risk assessor, lead project designer, lead supervisor, lead worker, asbestos contractor, asbestos supervisor, asbestos inspector, asbestos analytical laboratory, asbestos management planner, asbestos project designer, asbestos project monitor, asbestos worker, or home inspector or (ii) the approval of an accredited asbestos training program, accredited lead training program, training manager or principal instructor, if the licensee or approved person or program:

1. Fraudulently or deceptively obtains or attempts to obtain a license or approval;

2. Fails at any time to meet the qualifications for a license or approval or to comply with the requirements of this chapter or any regulation adopted by the Board; or

3. Fails to meet any applicable federal or state standard when performing an asbestos project or service or performing lead-based paint activities.

B. The Board may reprimand, fine, suspend or revoke the license of (i) any asbestos contractor who employs or permits an individual without an asbestos supervisor's or worker's license to work on an asbestos project or (ii) any lead contractor who employs or permits an individual without a lead supervisor's or lead worker's license to work on a lead abatement project.

C. The Board may reprimand, fine, suspend or revoke the license of a home inspector.

1987, c. 579, § 54-145.10:10; 1988, cc. 765, 802; 1989, c. 397; 1990, c. 823; 1993, c. 660; 1994, cc. 185, 911; 1996, cc. 180, 846; 1997, c. 885; 1998, c. 739; 2001, c. 723; 2009, cc. 358, 819; 2012, cc. 803, 835; 2016, cc. 161, 436; 2024, cc. 93, 94.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-516.1. Summary suspension of licenses or approvals; allegations to be in writing.
The Board may suspend the license or the approval of any (i) accredited training program, (ii) training manager or (iii) principal instructor of any person holding a license issued by it without a hearing simultaneously with the institution of proceedings for a hearing or an informal fact finding conference, if the relevant board finds that there is a substantial danger to the public health or safety that warrants this action. The Board may meet by telephone conference call when summarily suspending a license or the approval of an accredited training program, training manager or principal instructor if a good faith effort to assemble a quorum of the Board has failed and, in the judgment of a majority of the members of the Board, the continued practice by the licensee or approved individual or training program constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing or an informal fact finding conference shall be provided simultaneously with the summary suspension. Such hearing or conference shall be scheduled within a reasonable time of the date of the summary suspension. Allegations of violations of this section shall be made in accordance with § 54.1-307.1.

2004, c. 222.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-517. Penalties for willful violations.
Notwithstanding any other provision of law, any person who willfully violates any provision of this chapter or any regulation related to licensure or training adopted pursuant to this chapter shall be guilty of a Class 1 misdemeanor for the first two violations and a Class 6 felony for a third and each subsequent violation within a three-year period.

In addition, licensed asbestos contractors, asbestos supervisors, asbestos inspectors, asbestos management planners, asbestos project designers, asbestos project monitors, asbestos analytical laboratories and asbestos workers, lead contractors, lead inspectors, lead risk assessors, lead project designers, lead supervisors, lead workers, and accredited asbestos training programs, accredited lead training programs, training managers or principal instructors may be assessed a civil penalty by the Board of not more than $1,000 for an initial violation and $5,000 for each subsequent violation within a three-year period arising from a willful violation of standards established by the Environmental Protection Agency, Occupational Safety and Health Administration, Department of Labor and Industry, or the Divisions of Air Pollution Control and Waste Management of the Department of Environmental Quality in a three-year period.

1987, c. 579, § 54-145.10:11; 1988, cc. 765, 802; 1989, c. 397; 1990, c. 823; 1993, c. 660; 1994, cc. 185, 911; 1996, cc. 180, 846; 1997, c. 885; 1998, c. 739; 2009, c. 819; 2024, cc. 93, 94.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-517.1. Repealed.
Repealed by Acts cc. 161 and 436, cl. 2, effective July 1, 2017.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-517.2. Requirements for licensure.
A. The Board shall issue a license to practice as a home inspector in the Commonwealth to:

1. An individual who holds an unexpired certificate as a home inspector issued prior to June 30, 2017; or

2. An applicant who has successfully:

a. Completed the educational requirements as required by the Board;

b. Completed the experience requirements as required by the Board; and

c. Passed the examination approved by the Board.

B. The Board shall issue a license with the new residential structure endorsement to any applicant who completes a training module developed by the Board in conjunction with the Department of Housing and Community Development based on the International Residential Code component of the Virginia Uniform Statewide Building Code.

2001, c. 723; 2015, c. 411; 2016, cc. 161, 436.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-517.2:1. Home inspection; required statement related to the presence of yellow shaded corrugated stainless steel tubing.
A. As used in this section:

"Bonding" means connecting metallic systems to establish electrical continuity and conductivity.

"Corrugated stainless steel tubing" or "CSST" means a flexible stainless steel pipe used to supply natural gas or propane in residential, commercial, and industrial structures.

"Grounding" means connecting to the ground or to a conductive body that extends to ground connection.

B. If a home inspector observes the presence of any shade of yellow corrugated stainless steel tubing during a home inspection in a home that was built prior to the adoption of the 2006 Virginia Construction Code, effective May 1, 2008, he shall include that observation in the report along with the following statement: "Manufacturers believe that this product is safer if properly bonded and grounded as required by the manufacturer's installation instructions. Proper bonding and grounding of the product should be determined by a contractor licensed to perform the work in the Commonwealth of Virginia."

2017, c. 805.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5 (ASBESTOS, LEAD, AND HOME INSPECTION CONTRACTORS AND WORKERS)
§ 54.1-517.3. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 56.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.1 (ATHLETE AGENTS [Repealed])
§ 54.1-518. Repealed.
Repealed by Acts 1992, c. 282.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-527. Authority; procedure.
A. The Director shall administer and enforce the provisions of this chapter. In addition to the powers and duties otherwise authorized by law, the Director shall have the powers and duties of a regulatory board authorized by § 54.1-202 that are consistent with this chapter and shall have the power and duty to (i) promulgate such regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) as are necessary to implement this chapter, (ii) charge each applicant for registration or renewal of registration a nonrefundable fee subject to the provisions of § 54.1-113, and (iii) issue cease and desist orders and otherwise seek to prevent continuing violations of this chapter.

B. This chapter, and any existing relevant regulations that are consistent with this chapter, shall govern the regulation of athlete agents in the Commonwealth unless and until the Director promulgates new or revised regulations pursuant to subsection A.

C. By acting as an athlete agent in the Commonwealth, a nonresident individual appoints the Secretary of the Commonwealth as the individual's agent for service of process in any civil action in the Commonwealth related to the individual acting as an athlete agent in the Commonwealth.

D. The Director may issue a subpoena for material that is relevant to the administration of this chapter.

2020, c. 481, § 54.1-520.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-528. Athlete agent; registration required; void contract.
A. Except as otherwise provided in subsection B, an individual may not act as an athlete agent in the Commonwealth without holding a valid certificate of registration under this chapter.

B. Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in the Commonwealth for all purposes except signing an agency contract if (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual and (ii) not later than seven days after an initial act that requires the individual to register as an athlete agent under this chapter, the individual submits an application for registration as an athlete agent in the Commonwealth.

C. An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.

2020, c. 481, § 54.1-521.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-531. Suspension, revocation, or refusal to renew registration.
A. The Director may limit, suspend, revoke, or refuse to renew a registration of an individual registered under subsection A of § 54.1-530 for conduct that would have justified refusal to issue a certificate of registration under subsection B of § 54.1-530.

B. The Director may suspend or revoke the registration of an individual registered under subsection C of § 54.1-529 or renewed under subsection E of § 54.1-530 for any reason for which the Director could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under subsection B of § 54.1-530.

2020, c. 481, § 54.1-524.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-532. Temporary registration.
The Director may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

2020, c. 481, § 54.1-525.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-533. Registration and renewal fees.
An application for registration or renewal of registration as an athlete agent shall be accompanied by a nonrefundable fee for each of the following: (i) an initial application for registration, (ii) an application for registration based on a certificate of registration or its equivalent issued by another state, (iii) an application for renewal of registration, and (iv) an application for renewal of registration based on a renewal of registration or its equivalent in another state.

That fee shall be:

1. For a one-year registration or renewal, in the amount of $700;

2. For a two-year registration or renewal, in the amount of $1,150; or

3. For the fee set forth in subdivision 1 or 2, or both, of this section, a higher or lower fee that the Director determines by regulation is necessary and consistent with § 54.1-113.

2020, c. 481, § 54.1-526.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-534. Required form of agency contract.
A. An agency contract shall be in a record signed by the parties.

B. An agency contract shall contain:

1. A statement that the athlete agent is registered as an athlete agent in the Commonwealth and a list of any other states in which the agent is registered as an athlete agent;

2. The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;

3. The name of any person not listed in the agent's application for registration or renewal of registration which will be compensated because the student-athlete signed the contract;

4. A description of any expenses the student-athlete agrees to reimburse;

5. A description of the services to be provided to the student-athlete;

6. The duration of the contract; and

7. The date of execution.

C. Subject to subsection G, an agency contract shall contain a conspicuous notice in boldface type and in substantially the following form:

"WARNING TO STUDENT-ATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

(2) IF YOUR EDUCATIONAL INSTITUTION HAS AN ATHLETIC DIRECTOR, WITHIN 72 HOURS OF SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS. HOWEVER, CANCELLATION OF THIS CONTRACT DOES NOT GUARANTEE REINSTATEMENT OF YOUR ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT."

D. An agency contract shall be accompanied by a separate record signed by the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete acknowledging that signing the contract may result in the loss of the student-athlete's eligibility to participate in the student-athlete's sport.

E. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

F. At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy in a record of the contract and the separate acknowledgement required by subsection D.

G. If a student-athlete is a minor, an agency contract shall be signed by the parent or guardian of the student-athlete and the notice required by subsection C shall be revised accordingly.

2020, c. 481, § 54.1-527.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-536. Student-athlete's right to cancel.
A. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.

B. A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may not waive the right to cancel an agency contract.

C. If a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete cancels an agency contract, the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the student-athlete to enter into the contract.

2020, c. 481, § 54.1-529.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 5.2 (Athlete Agents)
§ 54.1-537. Required records.
A. An athlete agent shall create and retain for five years records of the following:

1. The name and address of each student-athlete represented by the agent;

2. Each agency contract entered into by the agent; and

3. The direct costs incurred by the agent in the recruitment or solicitation of each student-athlete to enter into an agency contract.

B. Records described in subsection A shall be open to inspection by the Director during normal business hours.

2020, c. 481, § 54.1-530.