dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2117. Participation by Board in proceedings.
Upon service of the complaint as provided in subdivision B 1 of § 54.1-2114, the Board, the Director, or duly authorized representatives of the Board shall then have the right to request leave of court to intervene.

1977, c. 69, § 54-765.6; 1987, c. 555; 1988, c. 765; 2015, c. 409.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2118. Payment of claim; assignment of claimant's rights to Board.
The Director shall, subject to the provisions of § 54.1-2116, pay to the claimant from the fund such amount as shall be directed by the Board upon the execution and delivery to the Director by such claimant of an assignment to the Board of the claimant's rights against the regulant to the extent that such rights were satisfied from the fund.

1977, c. 69, § 54-765.7; 1987, c. 555; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2119. Revocation of license of regulant upon payment from fund.
Upon payment by the Director to a claimant from the fund as provided in § 54.1-2118, the Board shall immediately revoke the license of the regulant whose improper or dishonest conduct, as defined in the act, resulted in payment from the fund. The regulant whose license was so revoked shall not be eligible to apply for a license as a real estate broker or real estate salesperson until he has repaid in full the amount paid from the fund on his account, plus interest at the judgment rate of interest from the date of payment from the fund.

1977, c. 69, § 54-765.8; 1984, c. 266; 1987, c. 555; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2120. No waiver by Board of disciplinary action against regulant.
Nothing contained in this article shall limit the authority of the Board to take disciplinary action against any regulant for any violation of this chapter or Board regulations, nor shall the repayment in full by a regulant of the amount paid from the fund on such regulant's account nullify or modify the effect of any disciplinary proceeding against such regulant for any such violation.

1977, c. 69, § 54-765.9; 1978, c. 129; 1987, c. 555; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2135. Licensees engaged to manage real estate.
A. A licensee engaged to manage real estate shall:

1. Perform in accordance with the terms of the property management agreement;

2. Exercise ordinary care;

3. Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property;

4. Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the owner consents in writing to the release of such information;

5. Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and

6. Comply with all requirements of this article, fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations which are not in conflict with this article.

B. Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties.

C. A licensee may also represent the owner as seller or landlord if they enter into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this article.

D. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the owner. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1.

E. Property management agreements in residential real estate transactions shall be in writing and shall:

1. Have a definite termination date or duration; however, if a property management agreement does not specify a definite termination date or duration, the agreement shall terminate 90 days after the date of the agreement;

2. State the amount of the management fees and how and when such fees are to be paid;

3. State the services to be rendered by the licensee; and

4. Include such other terms as have been agreed to by the owner and the property manager.

F. The provisions of this section shall not apply to licensees engaged in commercial real estate transactions.

1995, cc. 741, 813; 2011, cc. 34, 46, 461; 2016, c. 334.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2136. Preconditions to brokerage relationship.
Prior to entering into any brokerage relationship provided for in this article, a licensee shall advise the prospective client of (i) the type of brokerage relationship proposed by the broker and (ii) the broker's compensation and whether the broker will share such salary or compensation with another broker who may have a brokerage relationship with another party to the transaction.

1995, cc. 741, 813.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2137. Commencement and termination of brokerage relationships; brokerage agreements required.
A. The brokerage relationships set forth in this article shall commence at the time that a client engages a licensee to provide brokerage services and shall continue until (i) completion of performance in accordance with the brokerage agreement or (ii) the earlier of (a) any date of expiration agreed upon by the parties as part of the brokerage agreement or in any amendments thereto, (b) any mutually agreed upon termination of the brokerage agreement, (c) a default by any party under the terms of the brokerage agreement, or (d) a termination as set forth in subsection G of § 54.1-2139.

B. Except as otherwise provided in this article, a licensee shall enter into a brokerage agreement with a prospective client prior to providing brokerage services. A licensee shall not be required to enter into a brokerage agreement prior to preparing property-specific materials with the intent to obtain a brokerage relationship with a prospective client.

C. Brokerage agreements shall be in writing and shall:

1. Have a definite termination date; however, if a brokerage agreement does not specify a definite termination date, the brokerage agreement shall terminate 90 days after the date of the brokerage agreement;

2. State the amount of the brokerage fees and how and when such fees are to be paid;

3. State the services to be rendered by the licensee;

4. Include such other terms of the brokerage relationship as have been agreed to by the client and the licensee; and

5. In the case of brokerage agreements entered into in conjunction with the client's consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139.

D. Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage agreement, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information.

1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2018, cc. 60, 86; 2025, cc. 479, 495.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2138. Disclosure of brokerage relationship in residential real estate transactions.
A. Upon having a substantive discussion about a specific property or properties in a residential real estate transaction with an actual or prospective buyer or seller who is not the client of the licensee and who is not represented by another licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. Further, except as provided in § 54.1-2139 or 54.1-2139.1, such disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure must be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:

DISCLOSURE OF BROKERAGE RELATIONSHIP IN A RESIDENTIAL REAL ESTATE TRANSACTION

The undersigned do hereby acknowledge disclosure that:

The licensee.....................… (name of broker or salesperson) associated with.........................…(Name of Brokerage Firm) represents the following party in a residential real estate transaction:

....… Seller(s) or ....… Buyer(s)

....… Landlord(s) or ....… Tenant(s)

................… ..........................…

Date Name

................… ..........................…

Date Name

B. A licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee and who is not represented by another licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. Such disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, disclosure shall be made in writing no later than the signing of the lease. Such disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than two months.

C. If a licensee's relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.

D. Copies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of three years as proof of having made such disclosure, whether or not such disclosure is acknowledged in writing by the party to whom such disclosure was shown or given.

E. A limited service agent shall also make the disclosure required by § 54.1-2138.1.

1995, cc. 741, 813; 1997, cc. 86, 119; 2006, c. 627; 2012, c. 750; 2016, c. 334.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2138.1. Limited service agent in a residential real estate transaction, contract disclosure required.
A. A licensee may act as a limited service agent in a residential real estate transaction only pursuant to a written brokerage agreement in which the limited service agent (i) discloses that the licensee is acting as a limited service agent; (ii) provides a list of the specific services that the licensee will provide to the client; and (iii) provides a list of the specific duties of a standard agent set out in subdivision A 2 of § 54.1-2131, subdivision A 3 of § 54.1-2132, subdivision A 2 of § 54.1-2133, or subdivision A 3 of § 54.1-2134, as applicable, that the limited service agent will not provide to the client. Such disclosure shall be conspicuous and printed either in bold lettering or all capitals, and shall be underlined or in a separate box. In addition, a disclosure that contains language that complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:

"By entering into this brokerage agreement, the undersigned do hereby acknowledge their informed consent to the limited service agent in a residential real estate transaction by the licensee and do further acknowledge that neither the other party to the transaction nor any real estate licensee representing the other party is under any legal obligation to assist the undersigned with the performance of any duties and responsibilities of the undersigned not performed by the limited service agent."

A limited service agent shall disclose dual agency in accordance with § 54.1-2139.

B. A licensee engaged by one client to a residential real estate transaction and dealing with an unrepresented party or with a party represented by a limited service agent and who, without additional compensation, provides such other party information relative to the transaction or undertakes to assist such other party in securing a contract or with such party's obligations thereunder, shall not incur liability for such actions except in the case of gross negligence or willful misconduct. A licensee does not create a brokerage relationship by providing such assistance or information to the other party to the transaction. A licensee dealing with a client of a limited service agent may enter into an agreement with that party for payment of a fee for services performed or information provided by that licensee. Such payment shall not create a brokerage relationship; however, the licensee providing such services or information for a fee shall be held to the ordinary standard of care in the provision of such services or information.

2006, c. 627; 2012, c. 750; 2016, c. 334; 2025, cc. 479, 495.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2138.2. Duty to disclose ownership interest in specific real property.
If a licensee knows or should have known that he, any member of his family, his firm, any member of his firm, or any entity in which he has an ownership interest is acquiring or attempting to acquire or is selling or leasing real property through purchase, sale, or lease and the licensee is a party to the transaction, the licensee must disclose in writing that he is a licensee and that he, any member of his family, his firm, any member of his firm, or any entity in which he has an ownership interest has or will have an ownership interest to the other parties to the transaction. This disclosure shall be made to the purchaser, seller, lessor, or lessee upon having substantive discussions about specific real property.

2022, c. 610.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2139.2. Repealed.
Repealed by Acts 2012, c. 750, cl. 2.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2140. Compensation shall not imply brokerage relationship.
The payment or promise of payment or compensation to a real estate broker does not create a brokerage relationship between any broker, seller, landlord, buyer or tenant.

1995, cc. 741, 813.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2141. Brokerage relationship not created by using common source information company.
No licensee representing a buyer or tenant shall be deemed to have a brokerage relationship with a seller, landlord or other licensee solely by reason of using a common source information company. However, nothing contained in this article shall be construed to prevent a common source information company from requiring, as a condition of participation in or use of such common source information, that licensees providing information through such company disclose the nature of the brokerage relationship with the client, including, but not limited to, whether the licensee is acting as (i) an independent contractor, (ii) a limited service agent, (iii) a standard agent, or (iv) an agent as provided in the brokerage agreement. A common source information company may, but shall not be obligated to, require disclosure of a standard agency relationship, and may adopt rules providing that absent any disclosure, a licensee providing information through such company may be assumed to be acting as a standard agent. A common source information company shall have the right, but not the obligation, to make information about the nature of brokerage relationships available to its participants and to settlement service it provides including, without limitation, title insurance companies, lenders, and settlement agents.

1995, cc. 741, 813; 2006, c. 627; 2012, c. 750; 2016, c. 334.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2142. Liability; knowledge not to be imputed.
A. A client is not liable for (i) a misrepresentation made by a licensee in connection with a brokerage relationship, unless the client knew or should have known of the misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or (ii) the negligence, gross negligence or intentional acts of any broker or broker's licensee.

B. A broker who has a brokerage relationship with a client and who engages another broker to assist in providing brokerage services to such client shall not be liable for (i) a misrepresentation made by the other broker, unless the broker knew or should have known of the other broker's misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or (ii) the negligence, gross negligence or intentional acts of the assisting broker or assisting broker's licensee.

C. Clients and licensees shall be deemed to possess actual knowledge and information only. Knowledge or information among or between clients and licensees shall not be imputed.

D. Nothing in this article shall limit the liability between or among clients and licensees in all matters involving unlawful discriminatory housing practices.

E. Except as expressly set forth in this section, nothing in this article shall affect a person's right to rescind a real estate transaction or limit the liability of (i) a client for the misrepresentation, negligence, gross negligence or intentional acts of such client in connection with a real estate transaction, or (ii) a licensee for the misrepresentation, negligence, gross negligence or intentional acts of such licensee in connection with a real estate transaction. However, nothing in this article shall create a civil cause of action against a licensee.

1995, cc. 741, 813; 2016, c. 334.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2142.1. Liability for false information.
A licensee shall not be liable for providing false information if the information was (i) provided to the licensee by the licensee's client; (ii) obtained from a governmental entity; (iii) obtained from a nongovernmental person or entity that obtained the information from a governmental entity; or (iv) obtained from a person licensed, certified, or registered to provide professional services in the Commonwealth, upon which the licensee relies, and the licensee did not (a) have actual knowledge that the information was false or (b) act in reckless disregard of the truth. This includes any regulatory action brought under this chapter and any civil actions filed. However, nothing in this article shall create a civil cause of action against a licensee.

2011, c. 461; 2013, c. 499; 2016, c. 334.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2143. Real estate board regulations to be consistent.
Any regulations adopted by the Virginia Real Estate Board shall be consistent with this article, and any such regulations existing as of the effective date of this article shall be modified to comply with the provisions of this article.

1995, cc. 741, 813.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2144. Common law abrogated.
The common law of agency relative to brokerage relationships in real estate transactions to the extent inconsistent with this article shall be expressly abrogated.

1995, cc. 741, 813.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2145. Article does not limit antitrust laws.
Nothing in this article shall be construed to limit, modify, impair, or supercede the applicability of any federal or state antitrust laws.

2006, c. 627.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 21 (REAL ESTATE BROKERS, SALES PERSONS AND RENTAL LOCATION AGENTS)
§ 54.1-2146. Licensee maintenance of records.
Any document or record required to be maintained by a licensee under this chapter may be an electronic record in accordance with the Uniform Electronic Transactions Act (§ 59.1-479 et seq.).

2011, c. 461.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2200.1. Expired.
Expired.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2200.2. Board for Professional Soil Scientists, Wetland Professionals, and Geologists; membership; quorum.
A. Notwithstanding the provisions of § 54.1-200, the Board for Professional Soil Scientists, Wetland Professionals, and Geologists shall be composed of 13 members as follows: three licensed professional soil scientists, three certified professional wetland delineators, three licensed professional geologists, and three citizen members. The State Geologist shall serve as an ex officio member of the Board. The professional geologist members shall be of varied backgrounds. The professional soil scientist members shall have experience in at least one of the following areas: (i) soil mapping and classification, (ii) soil suitability and land use, (iii) teaching and research in soil science, and (iv) environmental protection regulations. Of the wetland professional members, one shall have experience in wetland delineation and description, one shall have experience in teaching and research in wetland science, and one shall have experience with natural resource regulations. Terms of the members shall be for four years.

B. The Board shall annually elect a chairman from its membership. Seven board members, consisting of at least two professional soil scientists, two professional wetland delineators, two professional geologists, and one citizen, shall constitute a quorum.

C. The Governor may select the professional soil scientist members from a list of at least three names for each vacancy submitted by the Virginia Association of Professional Soil Scientists. The Governor may notify the Virginia Association of Professional Soil Scientists of any professional vacancy other than by expiration among the professional soil scientist members of the Board and nominations may be made for the filling of the vacancy.

D. The Governor may select the wetland professionals from a list of at least three names for each vacancy submitted by the Virginia Association of Wetland Professionals. The Governor may notify and request nominations from the Virginia Association of Wetland Professionals of any professional vacancy other than by expiration among the wetland professional members.

2012, cc. 803, 835; 2025, c. 722.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2201. Exceptions.
A. The certification program for wetland delineation set forth in this chapter shall be voluntary and shall not be construed to prohibit:

1. The practice of wetland delineation by individuals who are not certified professional wetland delineators as defined in this chapter;

2. The work of an employee or a subordinate of a certified professional wetland delineator or of an individual who is practicing wetland delineation without being certified;

3. The work of any professional engineer, landscape architect, or land surveyor as defined by § 54.1-400 in rendering any of the services that constitute the practice of wetland delineation or the practice of soil evaluation; or

4. The practice of any profession or occupation that is regulated by another regulatory board within the Department.

B. The licensing program for professional soil scientists shall not be construed to prohibit:

1. The work of an employee or a subordinate of a licensed soil scientist;

2. The work of any professional engineer, landscape architect, or land surveyor as defined in § 54.1-400 in rendering any services that constitute the practice of soil evaluation; or

3. The practice of any profession or occupation that is regulated by another regulatory board within the Department.

C. Nothing in this chapter shall authorize an individual to engage in the practice of engineering, the practice of land surveying or the practice of landscape architecture, unless such individual is licensed or certified pursuant to Chapter 4 (§ 54.1-400 et seq.).

1987, c. 626, § 54-970; 1988, c. 765; 1993, c. 499; 2002, c. 784; 2009, c. 309; 2011, cc. 777, 859.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2202. Repealed.
Repealed by Acts 2012, cc. 803 and 835, cl. 39.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2203. Certification as wetland delineator.
A. Any person practicing or offering to practice as a wetland professional in the Commonwealth may submit to the Board evidence of qualification to be a certified professional wetland delineator as provided in this chapter. The Board may certify any applicant who has satisfactorily met the requirements of this chapter and its regulations and shall specify on the certificate the appropriate endorsement.

B. Any individual who allows his certification to lapse by failing to renew the certificate or failing to meet professional activity requirements stipulated in the regulations may be reinstated by the Board upon submission of satisfactory evidence that he is practicing in a competent manner and upon payment of the prescribed fee.

1987, c. 626, § 54-973; 1988, c. 765; 2002, c. 784; 2011, cc. 777, 859.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2204. Repealed.
Repealed by Acts 2011, cc. 777 and 859, cl. 3, effective July 1, 2013.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2205. License required; application; requirements for licensure; continuing education.
A. No person shall engage in, or offer to engage in, the practice of soil evaluation in the Commonwealth unless he has been licensed under the provisions of this chapter.

B. In order to be licensed as a professional soil scientist, an applicant shall:

1. Submit satisfactory evidence verified by affidavits that the applicant:

a. Is 18 years of age or older;

b. Is of good moral character; and

c. Has successfully completed such educational and experiential requirements as are required by this chapter and the regulations of the Board.

2. Achieve a score acceptable to the Board on an examination in the principles and practice of soil evaluation and satisfy one of the following criteria:

a. Hold a bachelor's degree from an accredited institution of higher education in a soils curriculum which has been approved by the Board and have at least four years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or

b. Hold a bachelor's degree in one of the natural sciences and have at least five years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or

c. Have a record of at least eight years of experience in soil evaluation, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist; or

d. Have at least four years of experience in soil science research or as a teacher of soils curriculum in an accredited institution of higher education which offers an approved four-year program in soils and at least two years of soil evaluation experience, the quality of which demonstrates to the Board that the applicant is competent to practice as a professional soil scientist.

C. The Board shall establish by regulation requirements for continuing education as a prerequisite to the maintenance and renewal of a license issued under this chapter, not to exceed eight contact hours per year.

D. Individuals applying for a license as a professional soil scientist between July 1, 2013, and July 1, 2015, who (i) have been certified as professional soil scientists by the Board or (ii) have achieved a score set by the Board on the examination required by this section shall be licensed by the Board if all other requirements of this chapter or Board regulations have been met, unless an applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action.

1987, c. 626, § 54-975; 1988, c. 765; 1991, c. 181; 2011, cc. 777, 859.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2206. Waiver of examination.
A. The Board may waive the requirement for examination pursuant to § 54.1-2205 upon written application from an individual who holds an unexpired certificate or license, or its equivalent, issued by a regulatory body of another state, territory or possession of the United States and is not the subject of any disciplinary proceeding before such regulatory body which could result in the suspension or revocation of his certificate or license, if such other state, territory or possession recognizes the license issued by the Board.

B. The Board shall waive the requirement for examination pursuant to § 54.1-2206.2 upon the written application from an individual who holds an unexpired certificate or its equivalent issued by a regulatory body of another state, territory or possession of the United States or has been provisionally certified under the U.S. Army Corps of Engineers Wetland Delineator Certification Program of 1993 and is not the subject of any disciplinary proceeding before such regulatory body, which could result in the suspension or revocation of his certificate.

1987, c. 626, § 54-976; 1988, c. 765; 1991, c. 181; 2002, c. 784; 2003, c. 447; 2010, c. 91; 2011, cc. 777, 859.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2206.1. Requirements for application for professional wetland delineator certification.
The Board may certify any applicant as a Virginia certified professional wetland delineator who has submitted satisfactory evidence verified by affidavits that the applicant:

1. Is eighteen years of age or older;

2. Is of good moral character; and

3. Has successfully completed such educational and experiential requirements as are required by this chapter and the regulations of the Board.

2002, c. 784.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2206.2. Requirements for professional wetland delineator certification.
In order to be certified as a professional wetland delineator, an applicant shall achieve a score acceptable to the Board on an examination, which may include a field practicum, in the principles and practice of wetland delineation, provide three written references from wetland professionals with at least one from a certified professional wetland delineator, and satisfy one of the following criteria:

1. Hold a bachelor's degree from an accredited institution of higher education in a wetland science, biology, biological engineering, civil and environmental engineering, ecology, soil science, geology, hydrology or any similar biological, physical, natural science or environmental engineering curriculum that has been approved by the Board; have successfully completed a course of instruction, in state and federal wetland delineation methods, that has been approved by the Board; and have at least three years of experience in wetland delineation, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator;

2. Have a record of at least six years of experience in wetland delineation, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator; or

3. Have a record of at least three years of experience in wetland science research or as a teacher of wetlands curriculum in an accredited institution of higher education, the quality of which demonstrates to the Board that the applicant is competent to practice as a certified professional wetland delineator.

2002, c. 784; 2007, c. 334; 2013, c. 546; 2024, c. 545.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2207. Unprofessional conduct.
Any professional soil scientist who is licensed or any wetland delineator who is certified, as provided in this chapter, shall be considered guilty of unprofessional conduct and subject to disciplinary action by the Board, if he:

1. Obtains his certification or license through fraud or deceit;

2. Violates or cooperates with others in violating any provision of this chapter, the Code of Professional Ethics and Conduct or any regulation of the Board;

3. Performs any act likely to deceive, defraud or harm the public;

4. Demonstrates gross negligence, incompetence or misconduct in the practice of soil evaluation or wetland delineation; or

5. Is convicted of a felony.

1987, c. 626; 1988, c. 765; 2002, c. 784; 2011, cc. 777, 859.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2208. Unlawful representation as a licensed professional soil scientist or certified wetland delineator.
A. No person shall represent himself as a licensed professional soil scientist unless he has been so licensed by the Board. Any person practicing or offering to practice soil evaluation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a licensed professional soil scientist without holding a license from the Board shall be guilty of a Class 1 misdemeanor.

B. No person shall represent himself as a certified professional wetland delineator unless he has been so certified by the Board. Any person practicing or offering to practice wetland delineation within the meaning of this chapter who, through verbal claim, sign, advertisement, or letterhead, represents himself as a certified professional wetland delineator without holding such a certificate from the Board shall be guilty of a Class 1 misdemeanor.

1987, c. 626, § 54-971; 1988, c. 765; 2002, c. 784; 2011, cc. 777, 859.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2208.1. Purpose; exemptions.
A. The licensing of professional geologists as set forth in this article shall serve any or all of the following purposes:

1. The maintenance of educational, experiential, and ethical standards in the practice of geology;

2. The maintenance of standards of objectivity, truthfulness, and reliability in the practice of geology;

3. The restriction of the professional geologist from association with any person engaging in illegal or dishonest activities in the practice of geology; and

4. The limitation of the practice of geology and any offer of the practice of geology to those persons licensed pursuant to this article.

B. This article shall not be construed to prevent or affect:

1. The practice of any profession or trade for which licensing, certification, or registration is required under any other Virginia law, including the practice of licensed professional engineers lawfully practicing engineering in its various specialized branches;

2. The work of any archeologist, chemist, geographer, or oceanographer who is in responsible charge of geological work or the drawing of geological conclusions and recommendations, provided such work does not include the design and execution of geological investigations;

3. The practice of geology by any person under the direct supervision and control of a professional geologist licensed pursuant to this article, provided such practice does not include being in responsible charge of final geological reports or decisions; or

4. The practice of geology by any person certified as a professional geologist before July 1, 2025.

1981, c. 132, § 54-968; 1988, c. 765, § 54.1-1401; 2012, cc. 803, 835; 2025, c. 722.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2208.3. Waiver of examination.
The Board may waive the examination requirement for licensure as a professional geologist for an applicant who otherwise meets the requirements of this article and who also meets any of the following conditions:

1. Makes written application to the Board and has at least 12 years of geological work that includes the geological work as specified in subsection B of § 54.1-2208.2.

2. Makes written application to the Board and holds an unexpired certificate of registration, certification, or license to engage in the practice of geology issued to him on the basis of comparable requirements by a proper authority of a state, territory, or possession of the United States or the District of Columbia.

1981, c. 132, § 54-966; 1988, c. 765, § 54.1-1404; 1994, c. 247; 1996, c. 49; 2012, cc. 803, 835; 2025, c. 722.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22 (SOIL SCIENTISTS, WETLAND PROFESSIONALS, AND GEOLOGISTS)
§ 54.1-2208.4. Professional ethics and conduct.
A. The Board, in coordination with an ad hoc panel of licensed professional geologists convened by the Board and representing various geological interests in Virginia, shall have prepared and adopted a Code of Professional Ethics and Conduct that shall be published and made known in writing to every Virginia licensed professional geologist and applicant for licensure under this article. The Board may revise and amend this code as needed and shall forthwith notify each licensed professional geologist in writing of such revisions or amendments.

B. The full Board, by majority vote, shall have the power to suspend, revoke, or refuse to renew the license of any professional geologist who, after an appropriate formal hearing, is found to have been involved in:

1. Any fraud or deceit in obtaining licensure;

2. Any violation of the Code of Professional Ethics and Conduct or other regulations of the Board;

3. Demonstrated gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; or

4. Any conviction of a felony which, in the opinion of the Board, would adversely affect the practice of geology.

C. The Board, by majority vote of the quorum, may reinstate a revoked or suspended license to any professional geologist who makes written application to the Board showing good cause for such action.

1981, c. 132, § 54-967; 1988, c. 765, § 54.1-1405; 2012, cc. 803, 835; 2025, c. 722.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22.1 (WASTE MANAGEMENT FACILITY OPERATORS)
§ 54.1-2209. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Board" means the Board for Waste Management Facility Operators.

"Person" means an individual, corporation, partnership, association, governmental body, municipal corporation or any other legal entity.

"Waste management facility" means a site used for planned treatment, storage or disposal of nonhazardous solid waste.

"Waste management facility operator" means any person, including an owner, who is in charge of the actual, on-site operation of a waste management facility during any period of operation.

1991, c. 551.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22.1 (WASTE MANAGEMENT FACILITY OPERATORS)
§ 54.1-2210. Board for Waste Management Facility Operators; membership; terms.
The Board for Waste Management Facility Operators shall consist of seven members appointed by the Governor as follows: a representative from the Department of Environmental Quality, a representative from a local government that owns a sanitary landfill, a representative from a local government that owns a waste management facility other than a sanitary landfill, a representative of a private owner of a sanitary landfill, a representative of a private owner of a waste management facility other than a sanitary landfill, and two citizen members, one of whom shall be a representative of a commercial waste generator. No owner shall be represented by more than one representative or employee. The terms of Board members shall be four years, except that vacancies shall be filled for the unexpired term. No member shall serve more than two consecutive four-year terms.

1991, c. 551; 1996, cc. 78, 824; 2010, c. 91.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22.1 (WASTE MANAGEMENT FACILITY OPERATORS)
§ 54.1-2211. Duties; licensing.
A. The Board shall promulgate regulations and standards for the training and licensing of waste management facility operators. The Board may establish classes of training and licensing based upon the type of waste management facility for which a waste management facility operator seeks a license. Training and licensing requirements may vary for the classes of license established by the Board based upon the type of facility and the type of waste managed at the facility. The Board shall consider an applicant's prior experience in determining whether the applicant meets the training requirements imposed by this chapter.

B. Any person may apply to the Board for approval of the training programs it administers to waste management facility operators. Such training programs shall be approved by the Board if they meet the requirements established by the Board. Any person successfully completing a training program approved by the Board shall be deemed to have met the training requirements imposed by this chapter.

1991, c. 551; 1997, c. 885.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 22.1 (WASTE MANAGEMENT FACILITY OPERATORS)
§ 54.1-2212. License required.
Effective January 1, 1993, no person shall be a waste management facility operator or represent himself as a waste management facility operator without a license from the Board.

1991, c. 551; 1997, c. 885.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 23 (WATERWORKS AND WASTEWATER WORKS OPERATORS)
§ 54.1-2300. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Board" means the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals.

"Onsite sewage system" means a conventional onsite sewage system or alternative onsite sewage system as defined in § 32.1-163.

"Operator" means any individual employed or appointed by any owner, and who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control waterworks or wastewater works operations or to operate and maintain onsite sewage systems. Not included in this definition are superintendents or directors of public works, city engineers, or other municipal or industrial officials whose duties do not include the actual operation or direct supervision of waterworks or wastewater works.

"Owner" means the Commonwealth of Virginia, or any political subdivision thereof, any public or private institution, corporation, association, firm or company organized or existing under the laws of this Commonwealth or of any other state or nation, or any person or group of persons acting individually or as a group, who own, manage, or maintain waterworks or wastewater works.

"Person" means any individual, group of individuals, a corporation, a partnership, a business trust, an association or other similar legal entity engaged in operating waterworks or wastewater works.

"Wastewater works" means each system of (i) sewerage systems or sewage treatment works, serving more than 400 persons, as set forth in § 62.1-44.18; (ii) sewerage systems or sewage treatment works serving fewer than 400 persons, as set forth in § 62.1-44.18, if so certified by the State Water Control Board; and (iii) facilities for discharge to state waters of industrial wastes or other wastes, if certified by the State Water Control Board.

"Waterworks" means each system of structures and appliances used in connection with the collection, storage, purification, and treatment of water for drinking or domestic use and the distribution thereof to the public, except distribution piping. Systems serving fewer than 400 persons shall not be considered to be a waterworks unless certified by the Board to be such.

1970, c. 768, § 54-573.2; 1972, c. 682; 1988, c. 765; 2007, cc. 892, 924.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 23 (WATERWORKS AND WASTEWATER WORKS OPERATORS)
§ 54.1-2302. License required.
No person shall operate a waterworks or wastewater works, perform the duties of an onsite soil evaluator, or install or operate an alternative onsite sewage system, without a valid license.

1979, c. 408, § 54-573.18; 1988, c. 765; 2007, cc. 892, 924.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 23.1 (Cemetery Operators, Perpetual Care Trust Funds and Preneed Burial Contracts)
§ 54.1-2311. Cemetery operators required to be licensed by the Board.
No person shall engage in the business of a cemetery company in the Commonwealth without first being licensed by the Board. The cemetery company shall renew its license as required by the Board. Such license and such renewal of license shall (i) be on forms prescribed by the Board and shall include the name and address of each cemetery in Virginia in which the cemetery company has a business interest, the name and address of all officers and directors of the cemetery company, the registered agent for the cemetery company, the compliance agent, and any such other information as the Board may require consistent with the purposes of this chapter and (ii) include a fee as prescribed by the Board for each cemetery in Virginia in which the cemetery company has a business interest. The cemetery company shall notify the Board of any change in the information required to be filed within thirty days after the change. A new license shall be required if there is a change in the ownership of the cemetery company. If there is a change in the compliance agent designated by the cemetery company, it shall promptly notify the Board in writing. All fees shall be remitted to the State Treasurer and shall be placed to the credit and special fund of the Department to be used in the administration of this chapter.

1998, cc. 708, 721.