dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3922. Powers, rules and regulations.
The Board shall do, or cause to be done, all things it considers necessary, convenient or expedient in connection with the preparation, conduct and grading of examinations, in determining the qualifications of applicants, in determining requirements for taking and passing examinations, and in granting such certificates to practice law as may be authorized by the Supreme Court. The Board may promulgate rules and regulations to aid in the exercise of its authority and in the discharge of its duties.

1976, c. 377, § 54-57.1; 1988, c. 765; 1998, c. 796.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3923. Compensation of members, secretary, treasurer and character and fitness committee; expenses of examinations.
The members of the Board and members of any character and fitness committee shall each receive such compensation as established by the Rules of the Supreme Court for the time spent in the discharge of their duties as members, and shall be entitled to reimbursement for such of their actual expenses as are necessary and ordinarily incident to travel as members of the Board or such character and fitness committee to be computed in accordance with §§ 2.2-2814 through 2.2-2826. The compensation of the secretary and treasurer shall be fixed by the Board. The compensation for services and expenses shall not exceed the amount received as fees from applicants, which shall be fixed by the rules and regulations adopted by the Board.

Code 1950, § 54-58; 1954, c. 709; 1956, c. 252; 1960, c. 90; 1966, c. 25; 1970, c. 255; 1987, c. 339; 1988, c. 765; 1992, c. 734; 1993, c. 262.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3924. Fees paid by applicants.
In order to defray the compensation, mileage and expenses above provided for, the Board shall fix by general rule or special order the fees to be paid by each applicant.

Code 1950, § 54-59; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3925. Application for examination.
A person desiring to take an examination under this article shall file with the Board his application therefor in such form as the Board may require not later than May 10 for the next following July examination and December 15 for the next following February examination. An application shall be deemed to be timely filed if (i) it is transmitted expense prepaid to the Office of the Secretary of the Board by priority, express, registered, or certified mail via the United States Postal Service, or by a third party commercial carrier for next-day delivery, and (ii) the official receipt therefor issued by the United States Postal Service or by such third party commercial carrier, which shall be exhibited on demand of the Secretary, shows such transmission or mailing to the Secretary's office on or before the prescribed deadline.

Code 1950, § 54-60; 1952, c. 553; 1960, c. 379; 1966, c. 157; 1968, c. 74; 1972, cc. 535, 824; 1974, c. 686; 1980, c. 533; 1987, c. 265; 1987, Sp. Sess., c. 2; 1988, c. 765; 1992, c. 734; 1998, c. 71; 2011, c. 709.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3925.1. Proof of character and fitness required of applicant; character and fitness committee; fees.
A. Before issuing to any applicant a license or certificate to practice law in Virginia, the Board shall have found from satisfactory evidence produced by the applicant in such form as the Board may require that the applicant is a person of honest demeanor and good moral character, is over the age of eighteen and possesses the requisite fitness to perform the obligations and responsibilities of a practicing attorney at law.

B. In making such determinations, the Board shall conduct such further inquiries, interviews and hearings as the Board may deem necessary. At the request of the Board, the Supreme Court may appoint a separate character and fitness committee, some of the members of which may be persons who are not licensed attorneys, to assist in reviewing character and fitness evidence and to make recommendations to the Board based upon standards adopted by the Board; however, no applicant shall be denied a license on character and fitness reasons except by action of a majority of the Board, after notice to the applicant and an opportunity for the applicant to be heard before the Board.

C. The Board shall from time to time set character and fitness application fees sufficient to cover the costs of the character and fitness process.

1992, c. 734; 1998, c. 796.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3925.2. Access to criminal history records.
The Board is authorized to obtain criminal history record information relating to an applicant from any state or federal law-enforcement agency. Any information so obtained is for the exclusive use of the Board and the character and fitness committee and shall not be released to any other person or agency except in furtherance of the investigation of the applicant or with the authorization of the applicant or upon court order.

1992, c. 734.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3925.3. Authority for subpoenas; qualified privilege and immunity.
A. In the conduct of investigations and hearings, the Board and character and fitness committee may administer oaths and affirmations and may issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and other records or tangible evidence relevant to any such investigation or hearing. Any subpoena shall be issued in the name of the Board and be signed by a member of the Board or by its secretary.

B. If any person fails or refuses to obey a subpoena, or to give testimony, the Board shall notify the circuit court of the county or city wherein the hearing is or was to have been held, or where the documents or tangible things were to have been produced. On receipt of the notice, the circuit court shall issue an order compelling such person's attendance or testimony, or both, or the production of the documents or tangible things, to the same extent as could be required in a proceeding in court.

C. Information furnished to and testimony given before the Board or the character and fitness committee in the course of an investigation or hearing shall be privileged, and any person furnishing information or giving testimony shall be immune from civil liability therefor, unless it is shown that such person was motivated by actual malice.

1992, c. 734.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3926. Preliminary proof of education required of applicant.
Before an applicant will be permitted to take any examination under this article, the applicant shall furnish to the Board satisfactory evidence that he has:

1. Satisfactorily completed legal studies amounting to at least five semesters, or the equivalent of at least five semesters on a system other than a semester system, of full-time study at a law school approved by the American Bar Association or the Board;

2. Received a bachelor's, master's, or doctoral degree from an institution of higher education accredited by an accreditor recognized by the U.S. Department of Education and studied law for three years, consisting of not less than 18 hours per week for at least 40 weeks per year, in the office of an attorney practicing in the Commonwealth, whose full time is devoted to the practice of law;

3. Studied law for at least three years partly in a law school approved by the American Bar Association or the Board and partly, for not less than 18 hours per week for at least 40 weeks per year, in the office of an attorney practicing in the Commonwealth whose full time is devoted to the practice of law;

4. Received a bachelor's, master's, or doctoral degree from an institution of higher education accredited by an accreditor recognized by the U.S. Department of Education and studied law for three years, consisting of not less than 18 hours per week for at least 40 weeks per year, with a retired circuit court judge who served the Commonwealth as a circuit court judge for a minimum of 10 years and who at the time of commencement of the three-year study period was retired for not more than five years; or

5. Completed all degree requirements from a law school not approved by the American Bar Association, including a foreign law school, obtained an LL.M. from a law school approved by the American Bar Association, and been admitted to practice law before the court of last resort in any state or territory of the United States or the District of Columbia.

The attorney in whose office or the judge with whom the applicant intends to study shall be approved by the Board, which shall prescribe reasonable conditions as to the course of study.

Code 1950, § 54-62; 1952, c. 553; 1960, c. 379; 1980, c. 533; 1988, c. 765; 1995, c. 336; 1998, cc. 119, 796; 2021, Sp. Sess. I, c. 296; 2022, c. 148; 2025, c. 39.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3927. Time and place of examination.
The Board shall hold at least two examinations each year, at such times as it may prescribe by general rule or special order. If only two examinations are held in any one year, they shall not be less than four months apart. One examination shall be held in the City of Richmond, and one in the City of Roanoke each year, unless for good cause it is necessary to hold it elsewhere.

Code 1950, § 54-63; 1973, c. 284; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3928. Issuance of license or certificate; list of persons certified to Supreme Court.
The Board shall issue a license to practice law in this Commonwealth to every applicant who successfully passes the examination on all the subjects required and complies with the requirements of this chapter and the rules of the Board. The Board shall issue a certificate to practice law in the Commonwealth to an applicant if the Board is satisfied that the applicant meets the criteria for the certificate established by Rules of the Supreme Court.

The license or certificate shall be signed by at least three members of the Board. The Board shall forthwith certify to the Supreme Court a list of persons whom it has licensed or to whom it has issued a certificate, and the list shall be spread upon the records of the Court.

Code 1950, § 54-64; 1988, c. 765; 1998, c. 796.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3929. Preservation of examination papers.
The essay portion of the examination papers shall be kept on file in the office of the secretary and treasurer in Richmond for one year after the examination, after which it may be destroyed.

Code 1950, § 54-65; 1973, c. 284; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3930. Reexaminations.
Any applicant who fails an examination given after July 15, 1960, may be reexamined not more than four additional times upon showing to the Board that he has diligently pursued the study of law since the former examination and that he remains otherwise qualified under the provisions of this article. However, the Board may allow an applicant who has taken the examination five times to take additional examinations when, in the discretion of the Board, the applicant has shown mitigating circumstances which constitute good and sufficient cause for the applicant's failing the prior examination.

Code 1950, § 54-66; 1960, c. 379; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3931. Granting certificates without examination; law professors.
A. The Supreme Court shall have discretion to grant a certificate without examination to any attorney who has been admitted to practice law before the court of last resort of any state or territory of the United States or the District of Columbia for at least five years. The certificate shall entitle the holder, after paying his license tax, to practice in the courts of this Commonwealth.

B. The Supreme Court shall also have discretion to grant a certificate without examination to any person connected with any foreign embassy or legation to appear in the courts of this Commonwealth in all matters connected with his official duties, provided that the person has been admitted to practice in the court of last resort of the jurisdiction of the embassy or legation to which he is attached or he has received a degree from a law school approved by the American Bar Association.

C. The Supreme Court shall have the authority to promulgate rules and regulations allowing professors in law schools located in the Commonwealth, which are accredited by the American Bar Association, to become associate members of the Virginia State Bar. Nothing in this subsection shall preclude the granting of a certificate without examination to a professor who is otherwise eligible for such a certificate under any other provision of this section.

D. The Supreme Court may authorize the Board or any committee thereof to administer the provisions of this section.

E. All other persons shall take the examinations and comply with the applicable provisions of this chapter.

Code 1950, § 54-67; 1988, c. 765; 1998, c. 796; 2013, c. 396.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3932. Lien for fees.
A. Any person having or claiming a cause of action (i) sounding in tort, (ii) for liquidated or unliquidated damages on contract, or (iii) for annulment or divorce may contract with any attorney to prosecute the same, and, upon contracting such attorney, the attorney shall have a lien upon the cause of action as security for his fees for any services rendered in relation to the cause of action or claim. When any such contract is made, and written notice of the claim of such lien is given to the client or former client, the opposite party or such party's attorney or agent, and the clerk of court in which a case may be pending, any settlement or adjustment of the cause of action is void against the lien so created, except as proof of liability on such cause of action. Written notice of the lien shall be given either within 45 days of the end of representation or (a) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment, whichever is earlier or (b) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. Nothing in this section affects the existing law in respect to champertous contracts. In causes of action for annulment or divorce, the court may not determine the validity or amount of the lien until the divorce judgment is final and all residual disputes regarding marital property are concluded. Nothing in this section affects the existing law in respect to exemptions from creditor process under federal or state law.

B. Notwithstanding the provisions in subsection A, a court in a case of annulment or divorce may, in its discretion, exclude spousal support and child support from the scope of the attorney's lien.

C. The validity and amount of the lien may be determined either by motion in the case in which the lien is claimed, or by separate action after final judgment has been entered therein or if no case has been filed. The validity and amount of the lien shall be determined by the court without a jury.

Code 1950, § 54-70; 1988, c. 765; 2001, c. 495; 2023, c. 234.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3933. Decreeing fee out of funds under control of court.
No court shall decree or order any fee or compensation to counsel to be paid out of money or property under the control of the court, unless the claim is in the complaint, petition, or other proceeding, of which the parties interested have due notice.

Code 1950, § 54-71; 1988, c. 765; 2020, c. 112.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3934. Revocation of license by Board.
The Board of Bar Examiners may, for good cause, revoke any license issued by it at any time before there has been a qualification under it in any of the courts of this Commonwealth.

Code 1950, § 54-72; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3938. Service of process in license revocation proceedings.
If personal service of process cannot be had upon the defendant in license revocation proceedings, proceedings may be had by order of publication on proper affidavit.

Code 1950, § 54-76; 1987, c. 567; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3938.1. Subpoena issued pursuant to law of another jurisdiction.
Whenever a subpoena is sought in this Commonwealth pursuant to the laws of another jurisdiction for use in lawyer discipline or disability proceedings, and where the request for the subpoena has been duly approved under the laws of the other jurisdiction, the chair or a vice-chair of the Virginia State Bar Disciplinary Board, upon receiving an application from Bar Counsel, may issue a subpoena as provided in this section to compel the attendance of witnesses and production of documents in the county or city in the Commonwealth where the witness resides or is employed or elsewhere as agreed by the witness. The circuit courts shall have the power to enforce a subpoena issued pursuant to this section and to adjudge disobedience thereof as contempt. The privilege extended by this section shall be available only to those jurisdictions that extend a similar privilege for disciplinary proceedings in this Commonwealth.

2000, cc. 24, 188.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3939. Definitions.
As used in this article:

"Agent" means any person who acts for another with or without compensation at the request, or with the knowledge and acquiescence, of the other in dealing with third persons.

"Runner" or "capper" means any person acting within the Commonwealth as an agent for an attorney in the solicitation of professional employment for the attorney.

"Solicitation of professional employment" means obtaining or attempting to obtain, for an attorney, the opportunity to represent or render other legal services to another person, for which services the attorney will or may receive compensation. Solicitation of professional employment shall not include conduct (i) limited to mere statements of opinion respecting the ability of an attorney, (ii) pursuant to a uniform legal aid or lawyer referral plan approved by the Virginia State Bar or (iii) pursuant to any qualified legal services plan or contract of legal services insurance.

Code 1950, § 54-78; 1956, Ex. Sess., c. 33; 1964, c. 622, §§ 54-83.1:1, 54-83.1:2; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3940. Solicitation.
It shall be unlawful for an attorney to solicit professional employment in a manner that violates the Virginia Code of Professional Responsibility.

1964, c. 622, § 54-83.1:2; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3941. Unlawful to act as runners or cappers.
It shall be unlawful for any person to act singly or in concert with others as a runner or capper for an attorney.

Code 1950, § 54-79; 1956, Ex. Sess., c. 33; 1964, c. 622; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3942. Validity of contract.
Any contract for professional employment secured by an attorney in violation of this article shall be void and unenforceable.

Code 1950, § 54-83; 1964, c. 622, § 54-83.1:4; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3943. Injunction against running, capping and soliciting.
The attorney for the Commonwealth, or any person, firm or corporation against whom any cause of action is or has been asserted, may maintain a suit for an injunction against any attorney who has induced another to solicit or encourage his employment, or against any person, firm, partnership or corporation which has acted for another in the capacity of a runner or capper, or against any person engaged by an attorney to solicit employment for the attorney, whether or not the solicitation was successful. The court may enjoin and permanently restrain such person, his agents, representatives and principals from soliciting any such claims against any person, firm or corporation subsequent to the date of the injunction.

1954, c. 707, § 54-83.1; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 39 (Attorneys)
§ 54.1-3944. Penalty for violation.
Any person violating the provisions of this article shall be guilty of a Class 1 misdemeanor. In addition, any person employed as an officer, director, trustee, clerk, servant or agent of this Commonwealth or of any political subdivision of the Commonwealth found guilty of violating the provisions of this article shall forfeit the right of his office and his employment.

Code 1950, § 54-82; 1964, c. 622, § 54-83.1:3; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-401. Exemptions.
The following shall be exempted from the provisions of this chapter:

1. Practice of professional engineering and land surveying by a licensed architect when such practice is incidental to what may be properly considered an architectural undertaking.

2. Practice of architecture and land surveying by a licensed professional engineer when such practice is incidental to an engineering project.

3. Practice as a professional engineer, architect or landscape architect in this Commonwealth by any person not a resident of and having no established place of business in this Commonwealth, or by any person resident in this Commonwealth whose arrival is recent, provided that such person is otherwise qualified for such professional service in another state or country and qualifies in Virginia and files prior to commencement of such practice an application, with the required fee, for licensure as a professional engineer, architect or landscape architect. The exemption shall continue until the Board has had sufficient time to consider the application and grant or deny licensure or certification.

4. Engaging in the practice of professional engineering as an employee under a licensed professional engineer, engaging in the practice of architecture as an employee under a licensed architect, engaging in the practice of landscape architecture as an employee under a licensed landscape architect, or engaging in the practice of land surveying as an employee under a licensed land surveyor; provided, that such practice shall not include responsible charge of design or supervision.

5. Practice of professional engineering, architecture, landscape architecture, or land surveying solely as an employee of the United States. However, the employee shall not be exempt from other provisions of this chapter if he furnishes advisory service for compensation to the public in connection with engineering, architectural, landscape architecture, or land surveying matters.

6. Practice of architecture or professional engineering by an individual, firm or corporation on property owned or leased by such individual, firm or corporation, unless the public health or safety is involved.

7. Except as provided by regulations promulgated by the State Corporation Commission pursuant to § 56-257.2:1, the practice of engineering solely as an employee of a corporation engaged in interstate commerce, or as an employee of a public service corporation, by rendering such corporation engineering service in connection with its facilities which are subject to regulation by the State Corporation Commission, provided that corporation employees who furnish advisory service to the public in connection with engineering matters other than in connection with such employment shall not be exempt from the provisions of this chapter.

Code 1950, § 54-37; 1968, c. 77; 1980, c. 757; 1988, c. 765; 1992, cc. 595, 780, 783; 2009, c. 309; 2020, c. 822.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-402.1. State and local government employees; license exemptions for persons employed prior to March 8, 1992.
Any person engaged in the practice of engineering, architecture, or land surveying as those terms are defined in § 54.1-400 as a regular, full-time, salaried employee of the Commonwealth or any political subdivision of the Commonwealth on March 8, 1992, who remains employed by any state agency or political subdivision shall be exempt until June 30, 2010, from the licensure requirements of § 54.1-406 provided the employee does not furnish advisory service for compensation to the public or as an independent contracting party in this Commonwealth or any political subdivision thereof in connection with engineering, architectural, or land surveying matters. The chief administrative officer of any agency of the Commonwealth or political subdivision thereof employing persons engaged in the practice of engineering, architecture, or land surveying as regular, full-time, salaried employees shall have the authority and responsibility to determine the engineering, architecture, and land surveying positions which have responsible charge of engineering, architectural, or land surveying decisions.

1992, cc. 780, 783; 1994, c. 379.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-402.2. Cease and desist orders for unlicensed activity; civil penalty.
A. Notwithstanding § 54.1-111, the Board may issue an order requiring any person to cease and desist from (i) practicing or offering to practice as an architect, professional engineer, land surveyor, or landscape architect when such person is not licensed or registered by the Board in accordance with this chapter or (ii) holding himself out as a certified interior designer when such person is not certified or registered by the Board in accordance with this chapter. The order shall be effective upon its entry and shall become final unless such person files an appeal with the Board in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) within 21 days of the date of entry of the order.

B. If the person fails to cease and desist the unlicensed, uncertified, or unregistered activity after entry of an order in accordance with subsection A, the Board may refer the matter for enforcement pursuant to § 54.1-306.

C. Any person engaging in unlicensed, uncertified, or unregistered activity shall be subject to further proceedings before the Board and the Board may impose a civil penalty not to exceed $2,500. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section.

D. Nothing contained in this section shall apply to any person engaged in activity exempted from the provisions of this chapter.

2007, c. 618; 2009, c. 309.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-403. (Effective until July 1, 2026) Board members and officers; quorum.
The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects shall be composed of 15 members as follows: three architects, three professional engineers, three land surveyors, two landscape architects, two certified interior designers, and two nonlegislative citizen members.

Except for the nonlegislative citizen members appointed in accordance with § 54.1-107, Board members shall have actively practiced or taught their professions for at least 10 years prior to their appointments. The terms of Board members shall be four years.

The Board shall elect a president and vice-president from its membership.

Nine Board members, consisting of at least one engineer, one architect, one land surveyor, one landscape architect, one interior designer, and one nonlegislative citizen member, shall constitute a quorum.

Code 1950, §§ 54-19, 54-22, 54-23; 1980, c. 757, § 54-18.1; 1981, c. 447; 1988, cc. 42, 765; 1990, c. 512; 1991, c. 291; 1998, c. 27; 2009, c. 309; 2010, c. 91; 2018, c. 824; 2024, c. 383.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-404. Regulations; code of professional practice and conduct.
A. The Board shall promulgate regulations not inconsistent with this chapter governing its own organization, the professional qualifications of applicants, the requirements necessary for passing examinations in whole or in part, the proper conduct of its examinations, the implementation of exemptions from license requirements, and the proper discharge of its duties.

B. The Board may impose different licensure requirements for a limited area of the practice of land surveying for persons who determine topography, contours, or depiction of physical improvements utilizing photogrammetric methods or similar remote sensing technology who are not otherwise exempt pursuant to subsection C of § 54.1-402. Any such requirements shall include reasonable provisions for licensure without examination of persons deemed by the Board to be qualified to provide photogrammetric and remote sensing surveying services.

Any license issued pursuant to this subsection shall be distinctive, reflecting the limited area of the practice of land surveying so authorized, and considered as a land surveyor and the practice of land surveying for the purposes of §§ 13.1-549, 13.1-1111, 54.1-402, 54.1-405, 54.1-406 and 54.1-411. Nothing herein shall be construed to authorize a person issued a limited license pursuant to this subsection to practice beyond such limited area of practice. The establishment of any such limited license shall not prohibit any duly qualified land surveyor licensed pursuant to § 54.1-400 from engaging in any such limited area of practice.

C. The regulations may include a code of professional practice and conduct, the provisions of which shall serve any or all of the following purposes:

1. The protection of the public health, safety and welfare;

2. The maintenance of standards of objectivity, truthfulness and reliability in public statements by professionals;

3. The avoidance by professionals of conflicts of interests;

4. The prohibition of solicitation or acceptance of work by professionals on any basis other than their qualifications for the work offered;

5. The restriction by the professional in the conduct of his professional activity from association with any person engaging in illegal or dishonest activities; or

6. The limitation of professional service to the area of competence of each professional.

Code 1950, § 54-25; 1974, c. 459; 1982, c. 590; 1988, c. 765; 2005, cc. 359, 440.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-404.1. Repealed.
Repealed by Acts 2010, c. 91, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-404.2. Continuing education.
A. The Board shall promulgate regulations governing continuing education requirements for architects, professional engineers, land surveyors, and landscape architects licensed by the Board. Such regulations shall require the completion of the equivalent of 16 hours per biennium of Board-approved continuing education activities as a prerequisite to the renewal or reinstatement of a license issued to an architect, professional engineer, land surveyor, or landscape architect. The Board shall establish criteria for continuing education activities including, but not limited to (i) content and subject matter; (ii) curriculum; (iii) standards and procedures for the approval of activities, courses, sponsors, and instructors; (iv) methods of instruction for continuing education courses; and (v) the computation of course credit.

B. The Board may grant exemptions or waive or reduce the number of continuing education hours required in cases of certified illness or undue hardship.

2006, c. 683; 2009, c. 309.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-405. (Effective until July 1, 2026) Examinations and issuance of licenses and certificates.
A. The Board shall hold at least one examination each year at times and locations designated by the Board. A license to practice as a professional engineer, an architect, a land surveyor, or a landscape architect shall be issued to every applicant who complies with the requirements of this chapter and the regulations of the Board. A license shall be valid during the life of the holder unless revoked or suspended by the Board. A license holder must register with the Board to practice in the Commonwealth.

B. Notwithstanding the provisions of § 54.1-111, a license holder who has retired from practice may use the designation granted by such license, followed by the word "emeritus," without possessing a current registration from the Board provided (i) the license has not been revoked or suspended by the Board and (ii) the license holder does not practice or offer to practice architecture, engineering, land surveying, or landscape architecture.

Code 1950, § 54-26; 1974, c. 534; 1980, c. 757; 1988, c. 765; 1992, c. 613; 1994, c. 29; 2009, c. 309; 2010, c. 612; 2024, c. 383.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-406. License required.
A. Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a person shall hold a valid license prior to engaging in the practice of architecture or engineering which includes design, consultation, evaluation or analysis and involves proposed or existing improvements to real property.

Unless exempted by § 54.1-401, 54.1-402, or 54.1-402.1, a person shall hold a valid license prior to engaging in the practice of land surveying.

B. Unless exempted by § 54.1-402, any person, partnership, corporation or other entity offering to practice architecture, engineering, or land surveying without being registered or licensed in accordance with the provisions of this chapter, shall be subject to the provisions of § 54.1-111 of this title.

C. Any person, partnership, corporation or other entity which is not licensed or registered to practice in accordance with this chapter and which advertises or promotes through the use of the words "architecture," "engineering" or "land surveying" or any modification or derivative thereof in its name or description of its business activity in a manner that indicates or implies that it practices or offers to practice architecture, engineering or land surveying as defined in this chapter shall be subject to the provisions of § 54.1-111.

D. Notwithstanding these provisions, any state agency or political subdivision of the Commonwealth unable to employ a qualified licensed engineer, architect, or land surveyor to fill a responsible charge position, after reasonable and unsuccessful search, may fill the position with an unlicensed person upon the determination by the chief administrative officer of the agency or political subdivision that the person, by virtue of education, experience, and expertise, can perform the work required of the position.

E. Notwithstanding the provisions of this section, a contractor who is licensed pursuant to the provisions of Chapter 11 (§ 54.1-1100 et seq.) of this title shall not be required to be licensed or registered to practice in accordance with this chapter when bidding upon or negotiating design-build contracts or performing services other than architectural, engineering or land surveying services under a design-build contract. The architectural, engineering or land surveying services offered or rendered in connection with such contracts shall only be rendered by an architect, professional engineer or land surveyor licensed in accordance with this chapter.

1979, c. 408, § 54-26.1; 1982, c. 590; 1984, c. 470; 1988, c. 765; 1992, cc. 780, 783; 1994, c. 784; 1996, c. 329; 2004, c. 191; 2005, cc. 359, 440; 2010, c. 91.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-406.1. Alternative to education requirement for licensure of architects.
A. The Board shall adopt regulations establishing work and education experience equivalencies that shall provide an alternative to the requirement of a professional degree in architecture from a program accredited by the National Architectural Accrediting Board (NAAB) pursuant to 18VAC10-20-110. In establishing an alternative pathway to a NAAB-accredited degree, the Board shall require a minimum of 10 years of qualifying work experience, education experience, or combination of work and education experience.

B. In establishing qualifying work and education experience under this section, the Board shall adopt regulations establishing a credit system to account for varying degrees of work and education experience and such credit system shall be based on the applicability of such work or education experience to the practice of architecture.

C. The Board shall develop requirements for applicants seeking licensure to certify work and education experience on an annual basis.

2025, cc. 534, 541.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-407. Land surveying.
Notwithstanding the provisions of any regulation promulgated by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, a land surveyor shall not be required by Board regulations to set corner monumentation or perform a boundary survey on any property when (i) corner monumentation has been set or is otherwise required to be set pursuant to the provisions of a local subdivision ordinance as mandated by § 15.2-2240 or subdivision 7 of § 15.2-2241, or where the placing of such monumentation is covered by a surety bond, cash escrow, set-aside letter, letter of credit, or other performance guaranty, or (ii) the purpose of the survey is to determine the location of the physical improvements on the said property only, if the prospective mortgagor or legal agent ordering the survey agrees in writing that such corner monumentation shall not be provided in connection with any such physical improvements survey. The provisions of this section shall apply only to property located within the Counties of Arlington, Fairfax, King George, Loudoun, Prince William, Spotsylvania and Stafford; and the Cities of Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas and Manassas Park.

1986, c. 531, § 54-25.1; 1988, cc. 271, 765; 1998, c. 27.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-408. Practice of land surveying; subdivisions.
In addition to the work defined in § 54.1-400, a land surveyor may, for subdivisions, site plans and plans of development only, prepare plats, plans and profiles for roads, storm drainage systems, sanitary sewer extensions, and water line extensions, and may perform other engineering incidental to such work, but excluding the design of pressure hydraulic, structural, mechanical, and electrical systems. The work included in this section shall involve the use and application of standards prescribed by local or state authorities. The land surveyor shall pass an examination given by the Board in addition to that required for the licensing of land surveyors as defined in § 54.1-400. Any land surveyor previously licensed pursuant to subdivision (3) (b) of former § 54-17.1 may continue to do the work herein described without further examination.

Except as provided, nothing contained herein or in the definition of "practice of land surveying" in § 54.1-400 shall be construed to include engineering design and the preparation of plans and specifications for construction.

1970, c. 671, § 54-17.1; 1974, c. 534; 1980, c. 757; 1982, c. 590; 1984, c. 437; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-410. Other building laws not affected; duties of public officials.
A. Nothing contained in this chapter or in the regulations of the Board shall be construed to limit the authority of any public official authorized by law to approve plans, specifications or calculations in connection with improvements to real property. This shall include, but shall not be limited to, the authority of officials of local building departments as defined in § 36-97, to require pursuant to the Uniform Statewide Building Code, state statutes, local ordinances, or code requirements that such work be prepared by a person licensed or certified pursuant to this chapter.

B. Any public body authorized by law to require that plans, specifications or calculations be prepared in connection with improvements to real property shall establish a procedure to ensure that such plans, specifications or calculations be prepared by an architect, professional engineer, land surveyor or landscape architect licensed or authorized pursuant to this chapter in any case in which the exemptions contained in §§ 54.1-401, 54.1-402 or § 54.1-402.1 are not applicable.

Drafting of permits, reviewing of plans or inspection of facilities for compliance with an adopted code or standard by any public body or its designated agent shall not require the services of an architect, professional engineer, land surveyor or landscape architect licensed pursuant to this chapter.

1982, c. 590, § 54-37.2; 1988, c. 765; 1992, cc. 780, 783; 1993, c. 662; 2009, c. 309.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-410.1. Prerequisites for obtaining business license.
Any architect or professional engineer applying for or renewing a business license in any locality in accordance with Chapter 37 (§ 58.1-3700 et seq.) of Title 58.1 shall furnish prior to the issuance or renewal of such license either (i) satisfactory proof that he is duly licensed under the terms of this chapter or (ii) a written statement, supported by an affidavit, that he is not subject to licensure as an architect or professional engineer pursuant to this chapter.

No locality shall issue or renew or allow the issuance or renewal of such license unless the architect or professional engineer has furnished his license number issued pursuant to this chapter or evidence of being exempt from the provisions of this chapter.

2011, c. 79.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-411. Organization for practice; registration.
A. Nothing contained in this chapter or in the regulations of the Board shall prohibit the practice of architecture, engineering, land surveying, landscape architecture or the offering of the title of certified interior designer by any corporation, partnership, sole proprietorship, limited liability company, or other entity provided such practice or certification is rendered through its officers, principals or employees who are correspondingly licensed or certified. No individual practicing architecture, engineering, land surveying, landscape architecture, or offering the title of certified interior designer under the provisions of this section shall be relieved of responsibility that may exist for services performed by reason of his employment or other relationship with such entity. No such corporation, partnership, sole proprietorship, limited liability company, or other entity, or any affiliate thereof, shall, on its behalf or on behalf of any such licensee or certificate holder, nor any licensee or certificate holder, be prohibited from (i) purchasing or maintaining insurance against any such liability; (ii) entering into any indemnification agreement with respect to any such liability; (iii) receiving indemnification as a result of any such liability; or (iv) limiting liability through contract.

B. Except for professional corporations holding a certificate of authority issued in accordance with § 13.1-549, professional limited liability companies holding a certificate of authority issued in accordance with § 13.1-1111, and sole proprietorships that do not employ other individuals for which licensing is required, any person, corporation, partnership, limited liability company, or other entity offering or rendering the practice of architecture, engineering, land surveying, landscape architecture or offering the title of certified interior designer shall register with the Board. As a condition of registration, the entity shall name at least one licensed architect, professional engineer, land surveyor, landscape architect or certified interior designer for such profession offered or rendered. The person or persons named shall be responsible and have control of the regulated services rendered by the entity.

C. The Board shall adopt regulations governing the registration of persons, corporations, partnerships, limited liability companies, sole proprietors and other entities as required in subsections A and B which:

1. Provide for procedural requirements to obtain and renew registration on a periodic basis;

2. Establish fees for the application and renewal of registration sufficient to cover costs;

3. Assure that regulated services are rendered and controlled by persons authorized to do so; and

4. Ensure that conflicts of interests are disclosed.

1982, c. 590, § 54-37.3; 1983, c. 28; 1988, c. 765; 1992, c. 574; 2000, c. 763; 2009, c. 309; 2010, cc. 99, 206.