Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 50 - BOARD FOR CONTRACTORS › Chapter 22 - BOARD FOR CONTRACTORS REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC50-22-260 - Filing of charges; prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
A. All complaints against contractors and
				  residential building energy analyst firms may be filed with the Department of
				  Professional and Occupational Regulation at any time during business hours,
				  pursuant to § 54.1-1114 of the Code of Virginia.
B. The following acts are prohibited acts:
1. Failure in any material way to comply with
				  provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§
				  54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of
				  the board.
2. Furnishing
				  substantially inaccurate or incomplete information to the board in obtaining,
				  renewing, reinstating, or maintaining a license.
3. Failure of the responsible management,
				  designated employee, or qualified individual to report to the board, in
				  writing, the suspension or revocation of a contractor license by another state
				  or conviction in a court of competent jurisdiction of a building code
				  violation.
4. Publishing or causing
				  to be published any advertisement relating to contracting that contains an
				  assertion, representation, or statement of fact that is false, deceptive, or
				  misleading.
5. Negligence or
				  incompetence in the practice of contracting or residential building energy
				  analyses.
6. Misconduct in the
				  practice of contracting or residential building energy analyses.
7. A finding of improper or dishonest conduct
				  in the practice of contracting by a court of competent jurisdiction or by the
				  board.
8. Failure of all those who
				  engage in residential contracting, excluding subcontractors to the contracting
				  parties and those who engage in routine maintenance or service contracts, to
				  make use of a legible written contract clearly specifying the terms and
				  conditions of the work to be performed. For the purposes of this chapter,
				  residential contracting means construction, removal, repair, or improvements to
				  single-family or multiple-family residential buildings, including accessory-use
				  structures as defined in § 54.1-1100 of the Code of Virginia. Prior to
				  commencement of work or acceptance of payments, the contract shall be signed by
				  both the consumer and the licensee or his agent.
9. Failure of those engaged in residential
				  contracting as defined in this chapter to comply with the terms of a written
				  contract that contains the following minimum requirements:
a. When work is to begin and the estimated
				  completion date;
b. A statement of
				  the total cost of the contract and the amounts and schedule for progress
				  payments including a specific statement on the amount of the down
				  payment;
c. A listing of specified
				  materials and work to be performed, which is specifically requested by the
				  consumer;
d. A "plain-language"
				  exculpatory clause concerning events beyond the control of the contractor and a
				  statement explaining that delays caused by such events do not constitute
				  abandonment and are not included in calculating timeframes for payment or
				  performance;
e. A statement of
				  assurance that the contractor will comply with all local requirements for
				  building permits, inspections, and zoning;
f. Disclosure of the cancellation rights of
				  the parties;
g. For contracts
				  resulting from a door-to-door solicitation, a signed acknowledgment by the
				  consumer that he has been provided with and read the Department of Professional
				  and Occupational Regulation statement of protection available to him through
				  the Board for Contractors;
h.
				  Contractor's name, address, license number, class of license, and
				  classifications or specialty services;
i. A statement providing that any
				  modification to the contract, which changes the cost, materials, work to be
				  performed, or estimated completion date, must be in writing and signed by all
				  parties; and
j. Effective with all
				  new contracts entered into after July 1, 2015, a statement notifying consumers
				  of the existence of the Virginia Contractor Transaction Recovery Fund that
				  includes information on how to contact the board for claim
				  information.
10. Failure
				  to make prompt delivery to the consumer before commencement of work of a fully
				  executed copy of the contract as described in subdivisions 8 and 9 of this
				  subsection for construction or contracting work.
11. Failure of the contractor to maintain for
				  a period of five years from the date of contract a complete and legible copy of
				  all documents relating to that contract, including the contract and any addenda
				  or change orders.
12. Refusing or
				  failing, upon request, to produce to the board, or any of its agents, any
				  document, book, record, or copy of it in the licensee's possession concerning a
				  transaction covered by this chapter or for which the licensee is required to
				  maintain records.
13. Failing to
				  respond to an agent of the board or providing false, misleading, or incomplete
				  information to an investigator seeking information in the investigation of a
				  complaint filed with the board against the contractor. Failing or refusing to
				  claim certified mail sent to the licensee's address of record shall constitute
				  a violation of this regulation.
14.
				  Abandonment defined as the unjustified cessation of work under the contract for
				  a period of 30 days or more.
15.
				  The intentional and unjustified failure to complete work contracted for or to
				  comply with the terms in the contract.
16. The retention or misapplication of funds
				  paid, for which work is either not performed or performed only in
				  part.
17. Making any
				  misrepresentation or making a false promise that might influence, persuade, or
				  induce.
18. Assisting another to
				  violate any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11
				  (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, or this
				  chapter; or combining or conspiring with or acting as agent, partner, or
				  associate for another.
19. Allowing
				  a firm's license to be used by another.
20. 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.
21. Action by the firm, responsible
				  management as defined in this chapter, designated employee, or qualified
				  individual to offer, give, or promise anything of value or benefit to any
				  federal, state, or local employee for the purpose of influencing that employee
				  to circumvent, in the performance of his duties, any federal, state, or local
				  law, regulation, or ordinance governing the construction industry.
22. Where the firm, responsible management as
				  defined in this chapter, designated employee, or qualified individual has been
				  convicted or found guilty, after initial licensure, regardless of adjudication,
				  in any jurisdiction, of any felony or non-marijuana misdemeanor, there being no
				  appeal pending therefrom or the time of appeal having elapsed. Any plea of
				  guilty or nolo contendere shall be considered a conviction for the purposes of
				  this subdivision. The record of a conviction received from a court shall be
				  accepted as prima facie evidence of a conviction or finding of guilt.
23. Failure to inform the board in writing,
				  within 30 days, that the firm, a member of responsible management as defined in
				  this chapter, its designated employee, or its qualified individual has pleaded
				  guilty or nolo contendere or was convicted and found guilty of any felony or of
				  a Class 1 misdemeanor or any non-marijuana misdemeanor conviction for
				  activities carried out while engaged in the practice of contracting.
24. Having been disciplined by any county,
				  city, town, or any state or federal governing body including action by the
				  Virginia Department of Health, which action shall be reviewed by the board
				  before it takes any disciplinary action of its own.
25. Failure to abate a violation of the
				  Virginia Uniform Statewide Building Code (13VAC5-63).
26. Failure of a contractor to comply with
				  the notification requirements of the Virginia Underground Utility Damage
				  Prevention Act, Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code
				  of Virginia (Miss Utility).
27.
				  Practicing in a classification, specialty service, or class of license for
				  which the contractor is not licensed.
28. Failure to satisfy any
				  judgments.
29. Contracting with an
				  unlicensed or improperly licensed contractor or subcontractor in the delivery
				  of contracting services.
30.
				  Failure to honor the terms and conditions of a warranty.
31. Failure to obtain written change orders,
				  which are signed by both the consumer and the licensee or his agent, to an
				  already existing contract.
32.
				  Failure to ensure that supervision, as defined in this chapter, is provided to
				  all helpers and laborers assisting licensed tradesman.
33. Failure to obtain a building permit or
				  applicable inspection, where required.
34. Failure of a residential building energy
				  analyst firm to ensure that residential building energy analyses conducted by
				  the firm are consistent with the requirements set forth by the board, the U.S.
				  Environmental Protection Agency, the U.S. Department of Energy, or the Energy
				  Star Program.
35. Failure of a
				  residential building energy analyst firm to maintain the general liability
				  insurance required in
				  18VAC50-22-62
				  C at any time while licensed by the board.
36. Failure of a contractor holding the drug
				  lab remediation specialty to ensure that remediation work conducted by the firm
				  or properly licensed subcontractors is consistent with the guidelines set forth
				  by the U.S. Environmental Protection Agency, Virginia Department of
				  Environmental Quality, Virginia Department of Health, or Virginia Department of
				  Forensic Science.
37. Failure of a
				  contractor to appropriately classify all workers as employees or as independent
				  contractors as provided by law.