reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 2 - Second Year › Section 18VAC35-20-450 - Evidence

Current through Register Vol. 40, No. 24, July 15, 2024
Rules of proof applicable to judicial trials. Topics
						include: admission and exclusion of evidence, relevancy, hearsay rule and its
						exceptions, authentication of writings, the best evidence rule, examination and
						competency of witnesses, privileges, opinion and expert testimony,
						demonstrative evidence, presumptions, burden of proof, judicial notice, and
						Federal Rules of Evidence.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 2 - Second Year › Section 18VAC35-20-460 - Uniform Commercial Code

Current through Register Vol. 40, No. 24, July 15, 2024
Course covers Articles I, II, III, IV, VI, VII and X of
						the Uniform Commercial Code.
Course first examines problems in the sale of goods as
						governed by Article II (with a brief survey of its antecedents) including:
						warranty, risk of loss, acceptance and rejection, tender of delivery,
						revocation, and remedies for breach of contract. Some discussion of other laws
						relating to warranties, Article VI on bulk sales, and Article VII on documents
						of title and bills of lading.
Course next examines commercial paper, bank deposits and
						collections under UCC Articles III and IV including: formation and use of
						negotiable instruments with an emphasis on checks, rights and liability of
						parties to negotiate instruments, defenses to liability, study of bank
						collection process and a bank's relationship with its customers.
Course finally examines secured transactions under UCC
						Article IX including: types of security interests, perfection of such
						interests, priority of claims, rights to proceeds of collateral, multi-state
						transactions, rights of parties after debtor's default.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-470 - Equity (remedies) and equity procedure

Current through Register Vol. 40, No. 24, July 15, 2024
Historical development and use of judicial remedies that
						provide relief for past or potential injuries to interests in real or personal
						property. Topics include: history of equity, power of equity courts,
						restitution, specific performance, injunctions, equitable defenses,
						compensatory and punitive damages, unjust enrichment, constructive trusts,
						equitable liens, tracing and subrogation.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-480 - Professional responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
Study of legal ethics and a lawyer's role in society,
						including lawyer-client relations, lawyer-public relations, and a lawyer's
						responsibility to the courts and the profession. Topics also include:
						organization of an integrated bar, Supreme Court's supervisory powers,
						professional service corporations, pre-paid legal services arrangements,
						malpractice, Rules for Admission to the Bar, the Virginia Code of Professional
						Responsibility, Unauthorized Practice Rules, the Legal Ethics Opinions, and the
						Virginia State Bar Disciplinary Board Rules of Procedure.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-490 - Domestic relations

Current through Register Vol. 40, No. 24, July 15, 2024
Study of the substantive and procedural law affecting
						the formation, disintegration and dissolution of family relations, including
						those of husband and wife, parent and child, and nonmarital. Topics include:
						jurisdiction, procedure, costs, maintenance, child support, property division,
						equitable distribution, custody, modification and enforcement of orders, some
						discussion of conflict of laws, taxation, and URESA.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-500 - Wills, estates, trusts, probate

Current through Register Vol. 40, No. 24, July 15, 2024
Study of the voluntary transfer of assets during
						lifetime and at death. Topics include: disposition by will, creation of and
						disposition by a trust, effectiveness of the disposition in the creation of
						present and future interests in property, intestate succession, construction
						problems, powers of appointment, restrictions on perpetuities and
						accumulations, alternative methods of wealth transmission, some instruction to
						the basic tax framework important in formulating plans of disposition, and
						fiduciary administration and management of decedent's estates and
						trusts.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-510 - Basic federal income tax

Current through Register Vol. 40, No. 24, July 15, 2024
Examination of federal income tax law as it applies to
						individuals, including their roles as partners and shareholders. Topics
						include: concepts of income, gross income, net income; when income should be
						taxed, to whom it should be taxed and its character as unearned, earned or
						capital gain income. Deductions are also examined in detail. Basic partnership
						and corporate tax law is examined.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 3 - Third Year › Section 18VAC35-20-520 - Virginia civil procedure

Current through Register Vol. 40, No. 24, July 15, 2024
It is expected that Virginia civil procedure will be
						taught throughout the four years of the program. This course is designed to
						review the important provisions of Title 8.01 of the Code of Virginia and the
						Rules of the Supreme Court of Virginia as they apply to actions at law and
						suits in equity and appeals.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-530 - Administrative law and legislation

Current through Register Vol. 40, No. 24, July 15, 2024
Study of the administrative process and its role in the
						legal system. Subjects include: powers and procedures of administrative
						agencies, relationship of administrative agencies to executive, judicial and
						legislative departments of government, appeals from administrative
						decisions.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-540 - Admiralty

Current through Register Vol. 40, No. 24, July 15, 2024
Law of maritime commerce, ships, seamen, and cargo.
						Introduction to the special federal system of admiralty practice and an
						examination of the laws governing maritime transportation, ocean pollution, and
						industrial accidents to crew members and harbor workers.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-550 - Antitrust

Current through Register Vol. 40, No. 24, July 15, 2024
An examination of the antitrust laws including the
						Sherman Act, Clayton Act, Robinson-Patman Act, Federal Trade Commission Act,
						and topics such as monopolies, restraint of trade, mergers, price fixing,
						boycotts, market allocation, tying arrangements, exclusive dealing and state
						antitrust law.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-560 - Consumer protection

Current through Register Vol. 40, No. 24, July 15, 2024
Selected laws for protection of consumers, including
						federal, state and local laws that prohibit deceptive advertising; mandate
						disclosure of information; regulate credit practices; license occupations;
						establish quality standards for products and services; and condemn "unfair"
						practices. Emphasis on the theoretical justifications for governmental
						intervention in the marketplace. Attention to problems of consumer justice
						administration, including informal dispute resolution procedures and
						representation of consumer interests in administrative and legislative
						proceedings.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-570 - Creditors' rights and bankruptcy

Current through Register Vol. 40, No. 24, July 15, 2024
Rights and remedies of creditors and debtors under the
						Federal Bankruptcy Code, particularly in straight bankruptcy cases and under
						state laws relating to judgments, judgment liens, execution, attachments,
						garnishments, fraudulent conveyances, compositions, assignments for the benefit
						of creditors, and debtor's exemptions.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-580 - Environmental law

Current through Register Vol. 40, No. 24, July 15, 2024
Survey of citizen, legislative, administrative and
						judicial action in response to the reality and the threat of man-induced
						alteration to the natural environment; focuses on National Environmental Policy
						Act; federal air and water pollution control legislation; state air and water
						pollution control statutes and wetlands management.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-590 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
Legal principles governing formal mechanisms for the
						distribution of risk of loss. Emphasis is on property, casualty, life
						insurance. Topics include: marketing of insurance, state regulation of
						insurance, indemnity principle, insurable interest, amount of recovery and
						subrogation, persons and interests protected, brokers, and identification of
						risks transferred by insurance.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-600 - Intellectual property

Current through Register Vol. 40, No. 24, July 15, 2024
The law governing the protection and exploitation of
						property and other rights in ideas, as they may be protected by patents,
						copyrights, trademarks and common law.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-610 - International law

Current through Register Vol. 40, No. 24, July 15, 2024
Legal process by which interests are adjusted and
						authoritative decisions made on the international level. Topics include: nature
						and source of international law, law of treaties, jurisdiction, some discussion
						of international legal organizations, state responsibility and international
						claims for wrongs to citizens abroad, and application of international law in
						United States courts.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-620 - Labor and employment law

Current through Register Vol. 40, No. 24, July 15, 2024
Study of the organizational rights of employees and
						unions and the governance of the use of economic force by employers and unions.
						Other topics include the duty to bargain collectively, the manner in which
						collective bargaining is conducted, subjects to which it extends,
						administration and enforcement of collective bargaining agreements, relations
						between a union and its members, and a review of the laws regarding
						discrimination based on age, race, sex and disabilities.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-630 - Land use

Current through Register Vol. 40, No. 24, July 15, 2024
Study of legal principles and constitutional limitations
						affecting systems for public regulation of the use of private land. Topics
						include: planning, zoning, variances, special use permits, subdivision
						controls, environmental legislation, nuisance, eminent domain, powers of public
						agencies, "taking" without just compensation, due process, administrative
						procedures and judicial review, exclusionary zoning and growth
						control.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-640 - Legal accounting

Current through Register Vol. 40, No. 24, July 15, 2024
An essential course for readers with no accounting
						background and recommended for all. Topics include: bookkeeping, use of
						journals and ledgers, analysis of financial statements, professional
						responsibility of a lawyer to a corporate client and relationship to
						accountants involved in a client's financial affairs. Includes analysis of
						income statements, balance sheets, cash flow and related financial reports,
						including the preparation of notes to financial statements. Course also
						addresses lawyer's accounting and recordkeeping obligations to his client under
						the Virginia Code of Professional Responsibility.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-650 - Local government law

Current through Register Vol. 40, No. 24, July 15, 2024
Legal implications of the formation and conduct of the
						various units of local government, including an overview of the subjects of
						annexation, incorporation, municipal powers, governmental immunity, Section
						1983, zoning, and taxation and finance.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-660 - Modern land finance

Current through Register Vol. 40, No. 24, July 15, 2024
Methods by which an obligation may be secured by real
						property of the obligor or of a third person. Covers the common-law principles
						and statutes that regulate the creation, operation, and extinguishment of the
						legal relations known as the real property mortgage and deed of trust,
						considered in the context of financing the purchase or development of land.
						Includes a review of commercial leases and land leases. Some attention may be
						given to principles governing operation of the lending
						industry.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-670 - Securities regulation

Current through Register Vol. 40, No. 24, July 15, 2024
Study of legal control over the issuance and
						distribution of corporate securities. Topics include: registration and
						distribution of securities under the Federal Securities Act of 1933, including
						the definition of a security; basic structure, applicability, and prohibitions
						of the Act; underwriting; preparation, processing and use of registration
						statement and prospectuses; exemptions from registration under the Act,
						including Regulation A, private offerings, and business reorganizations and
						recapitalizations; secondary distributions; brokers' transactions; and civil
						liability for violation of the Act. Registration, distribution and regulation
						of securities under state "blue sky" laws. Regulations of franchise
						arrangements under the Federal Securities Act of 1933 and Virginia's Retail
						Franchising Act. Regulation of national securities exchanges and
						broker-dealers; registration and listing of securities on national securities
						exchanges; periodic reporting and public disclosure of information requirements
						for companies whose securities are traded on national securities exchanges; and
						civil liability for violation of the Act. Regulation of mutual funds and other
						types of investment companies under the Federal Investment Company Act of
						1940.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-680 - Taxation of estates and gifts

Current through Register Vol. 40, No. 24, July 15, 2024
Taxes imposed on testamentary and lifetime transfers,
						including introduction of the concepts of the gross estate, the marital
						deduction, joint ownership and the problems thereof, grantor trusts and
						valuation problems.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-690 - Trial practice

Current through Register Vol. 40, No. 24, July 15, 2024
Preparation for and conduct of civil and criminal cases
						in state and federal courts, including pretrial preparation, discovery, trial
						motions and post-trial motions and procedures.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 35 - BOARD OF BAR EXAMINERS › Chapter 20 - LAW READER PROGRAM RULE › Part IX - Course Descriptions › Article 4 - Fourth Year; Recommended Electives › Section 18VAC35-20-700 - Jurisprudence

Current through Register Vol. 40, No. 24, July 15, 2024
A four-year course of reading consisting of three books
						each year, to be selected from a list developed by the board from time to time.
						Upon completion of each book, the reader shall prepare and submit to the board
						a short book report.
Statutory Authority
§§ 54.1-3922 and 54.1-3926 of the Code of
						  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC41-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board for Barbers and Cosmetology. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC41-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC41-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  18VAC41-11-30, the agency shall
				  send the following information:
1. A notice
				  of intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC41-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-30 - License by endorsement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  proper application to the board, any person currently licensed to practice as a
				  barber, master barber, cosmetologist, nail technician, or wax technician or who
				  is a licensed instructor in the respective profession in any other state or
				  jurisdiction of the United States and who has completed both a training program
				  and a written and practical examination that is substantially equivalent to
				  that required by this chapter, may be issued a barber, master barber,
				  cosmetologist, nail technician, or wax technician license or the respective
				  instructor certificate without an examination. The applicant must also meet the
				  requirements set forth in
				  18VAC41-20-20
				  A and
				  18VAC41-20-100.
B. Applicants for licensure by endorsement
				  who completed a training program that is not substantially equivalent to
				  Virginia's training but otherwise meet all the requirements listed in
				  subsection A of this section, may substitute five years of work experience for
				  training. Applicants should provide their work history demonstrating five years
				  of licensed experience in any other state or jurisdiction of the United States
				  on a form provided by the board.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-40 - Apprenticeship training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Licensed
				  barbers, master barbers, cosmetologists, and nail technicians who train
				  apprentices shall comply with the standards for apprenticeship training
				  established by the Division of Apprenticeship Training of the Virginia
				  Department of Labor and Industry and the Virginia Board for Barbers and
				  Cosmetology. Owners of barbershops, cosmetology salons, and nail salons who
				  train apprentices shall comply with the standards for apprenticeship training
				  established by the Division of Apprenticeship Training of the Virginia
				  Department of Labor and Industry.
B. Any person completing the Virginia
				  apprenticeship program in barbering, master barbering, cosmetology, or nail
				  care shall be eligible for examination.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-50 - Exceptions to training requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Virginia licensed cosmetologists with a
				  minimum of two years of work experience shall be eligible for the master barber
				  examination; likewise, a Virginia licensed master barber with a minimum of two
				  years of work experience shall be eligible for the cosmetology
				  examination.
B. Any barber, master
				  barber, cosmetologist, nail technician, or wax technician applicant having been
				  trained as a barber, master barber, cosmetologist, nail technician, or wax
				  technician in any Virginia state institution shall be eligible for the
				  respective examination.
C. Any
				  barber, master barber, cosmetologist, nail technician, or wax technician
				  applicant having a minimum of two years of experience in barbering, master
				  barbering, cosmetology, nail care, or waxing in the United States armed forces
				  and having provided documentation satisfactory to the board of that experience
				  shall be eligible for the respective examination.
D. Any licensed barber or barber student
				  enrolling in a master barber training program in a licensed barber school shall
				  be given educational credit for the training and performances completed in a
				  barbering program at a licensed barber school.
Statutory Authority: § 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-60 - Examination requirements and fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants for initial licensure shall
				  pass both a practical examination and a written examination approved by the
				  board. The examinations may be administered by the board or by a designated
				  testing service.
B. Any applicant
				  who passes one part of the examination shall not be required to take that part
				  again provided both parts are passed within one year of the initial examination
				  date.
C. Any candidate failing to
				  appear as scheduled for examination shall forfeit the examination
				  fee.
D. The fee for examination or
				  reexamination is subject to contracted charges to the board by an outside
				  vendor. These contracts are competitively negotiated and bargained for in
				  compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of
				  the Code of Virginia). Fees may be adjusted and charged to the candidate in
				  accordance with these contracts. The fee shall not exceed $225 per
				  candidate.
E. Any candidate failing
				  to apply for initial licensure within five years of passing both a practical
				  examination and a written examination shall be required to retake both
				  portions. Records of examinations shall be maintained for a maximum of five
				  years.
Statutory Authority: § 54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-70 - Reexamination requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Any applicant who does not pass a reexamination within one
					 year of the initial examination date shall be required to submit a new
					 application and examination fee.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-80 - Examination administration

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  examinations shall be administered by the board or the designated testing
				  service. The practical examination shall be supervised by a chief
				  examiner.
B. Every barber, master
				  barber, cosmetology, nail technician, or wax technician examiner shall hold a
				  current Virginia license in his respective profession, have three or more years
				  of active experience as a licensed professional, and be currently practicing in
				  that profession. Examiners shall attend training workshops sponsored by the
				  board or by a testing service acting on behalf of the board.
C. No certified barber, master barber,
				  cosmetology, nail technician, or wax technician instructor who is currently
				  teaching or is a school owner or is an apprentice sponsor shall be an
				  examiner.
D. Each barber, master
				  barber, cosmetology, nail technician, and wax technician chief examiner shall
				  hold a current Virginia license in his respective profession, have five or more
				  years of active experience in that profession, have three years of active
				  experience as an examiner, and be currently practicing in his respective
				  profession. Chief examiners shall attend training workshops sponsored by the
				  board or by a testing service acting on behalf of the board.
E. The applicant shall follow all procedures
				  established by the board with regard to conduct at the examination. Such
				  procedures shall include written instructions communicated prior to the
				  examination date and instructions communicated at the site, either written or
				  oral, on the date of the examination. Failure to comply with all procedures
				  established by the board and the testing service with regard to conduct at the
				  examination may be grounds for denial of application.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-90 - Barber, master barber, cosmetology, nail technician, and wax technician temporary permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. A temporary
				  permit to work under the supervision of a currently licensed barber, master
				  barber, cosmetologist, nail technician, or wax technician may be issued only to
				  applicants for initial licensure who the board finds eligible for examination.
				  There shall be no fee for a temporary permit.
B. The temporary permit shall remain in force
				  for 45 days following the examination date. The examination date shall be the
				  first test date after the applicant has successfully submitted an application
				  to the board that an examination is offered to the applicant by the
				  board.
C. Any person continuing to
				  practice barbering, master barbering, cosmetology, nail care, or waxing
				  services after a temporary permit has expired may be prosecuted and fined by
				  the Commonwealth under §§
										54.1-111A
				  1 and 54.1-202 of the Code of Virginia.
D. No applicant for examination shall be
				  issued more than one temporary permit.
E. Temporary permits shall not be issued
				  where grounds may exist to deny a license pursuant to §
										54.1-204
				  of the Code of Virginia or
				  18VAC41-20-20.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-90 - Barber, master barber, cosmetology, nail technician, and wax technician temporary licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. A temporary
				  license to work under the direct supervision of a currently licensed individual
				  may be issued only to applicants for initial licensure who the board finds
				  eligible for the applicable examination. There is no fee for a temporary
				  license. Except as provided in this section, an applicant holding a temporary
				  license must be supervised by an individual holding a license in the same scope
				  of practice.
Licensed cosmetologists may also supervise nail and waxing
					 temporary license holders. Licensed estheticians and master estheticians may
					 also supervise waxing temporary license holders. Licensed master barbers may
					 also supervise barber temporary license holders.
B. The temporary license will remain in force
				  for 90 days, and no subsequent temporary license will be issued.
C. Any person continuing to practice
				  barbering, master barbering, cosmetology, nail care, or waxing services after a
				  temporary license has expired may be prosecuted and fined by the Commonwealth
				  under §§
										54.1-111A 1 and
				  54.1-202 of the Code of Virginia.
D. Temporary licenses will not be issued
				  where grounds may exist to deny a license pursuant to §
										54.1-204 of the Code of Virginia
				  or 18VAC41-20-20.
Statutory Authority: §
												54.1-201 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 20 - BARBERING AND COSMETOLOGY REGULATIONS › Part II - Entry › Section 18VAC41-20-110 - Student instructor temporary permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A licensed barber, master barber,
				  cosmetologist, nail technician, or wax technician may be granted a student
				  instructor temporary permit to function under the direct supervision of a
				  barber instructor, master barber instructor, cosmetology instructor, nail
				  technician instructor, or wax technician instructor respectively. A licensed
				  nail technician or wax technician may also be granted a student instructor
				  permit to function under the direct supervision of a cosmetology
				  instructor.
B. The student
				  instructor temporary permit shall remain in force for not more than 12 months
				  after the date of issuance and shall be nontransferable and
				  nonrenewable.
C. No applicant for
				  examination shall be issued more than one student instructor temporary
				  permit.
D. Failure to maintain a
				  barber, master barber, cosmetology, nail technician, or wax technician license
				  shall disqualify an individual from holding a student instructor temporary
				  permit.
E. Temporary permits shall
				  not be issued where grounds may exist to deny a license pursuant to §
										54.1-204
				  of the Code of Virginia or
				  18VAC41-20-100.
Statutory Authority: §
												54.1-201
						of the Code of Virginia.