Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 30 - VIRGINIA LEAD-BASED PAINT ACTIVITIES REGULATIONS › Part IX - General Standards of Practice and Conduct › Section 18VAC15-30-810 - Grounds for denial of application, denial of renewal, or discipline

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall
				  have the authority to fine any licensee or accredited lead training provider,
				  training manager or principal instructor, and to deny renewal, to suspend, to
				  revoke or to deny application for any license or approval as an accredited lead
				  training program, accredited lead training provider, training manager or
				  principal instructor provided for under Chapter 5 of Title 54.1 of the Code of
				  Virginia for:
1. Violating or inducing
				  another person to violate any of the provisions of Chapter 1, 2, 3, or 5 of
				  Title 54.1 of the Code of Virginia, or any of the provisions of this
				  chapter.
2. Obtaining a license,
				  approval as an accredited lead training program, approval as an accredited lead
				  training provider or approval as a training manager or principal instructor
				  through fraudulent means.
3.
				  Altering, falsifying or issuing a fraudulent Virginia lead license or a
				  training certificate issued by an accredited lead training provider.
4. Violating any provision of any federal or
				  state regulation pertinent to lead-based paint activities.
5. Having been found guilty by the board,
				  another regulatory authority, or by a court, of any misrepresentation in the
				  course of performing his operating duties.
6. Subject to the provisions of §
				  54.1-204 of the Code of Virginia, having been convicted or found guilty,
				  regardless of adjudication in any jurisdiction of the United States, of any
				  felony or of any misdemeanor involving lying, cheating, or stealing, or of any
				  violation while engaged in environmental remediation activity that resulted in
				  the significant harm or the imminent and substantial threat of significant harm
				  to human health or the environment, there being no appeal pending therefrom or
				  the time for appeal having elapsed. Any plea of nolo contendere shall be
				  considered a conviction for the purposes of this chapter. A certified copy of
				  the final order, decree or case decision by a court or regulatory agency with
				  lawful authority to issue such order, decree or case decision shall be
				  admissible as prima facie evidence of such conviction or discipline.
7. Failing to notify the board in writing
				  within 30 days of pleading guilty or nolo contendere or being convicted or
				  found guilty of any felony or of any misdemeanor involving lying, cheating, or
				  stealing or of any violation while engaged in environmental remediation
				  activity that resulted in the significant harm or the imminent threat of
				  significant harm to human health or the environment.
8. Negligence, or a continued pattern of
				  incompetence, in the practice of the discipline in which a lead license is
				  held.
9. Failing or neglecting to
				  send any information or documentation that was requested by the board or its
				  representatives.
10. Refusing to
				  allow state or federal representatives access to any area of an abatement site
				  for the purpose of lawful compliance inspections.
11. Any unlawful act or violation of any
				  provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the
				  regulations of the board by any lead abatement supervisor or lead abatement
				  worker may be cause for disciplinary action against the lead abatement
				  contractor for whom he works if it appears to the satisfaction of the board
				  that the lead abatement contractor knew or should have known of the unlawful
				  act or violation.
12. Failing to
				  notify the board in writing within 30 days after any change in address or
				  name.
13. Acting as or being an
				  ostensible licensee for undisclosed persons who do or will control or direct,
				  directly or indirectly, the operations of the licensee's business.
14. Failing to keep board-approved training
				  and license current.