reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC15-40-155 - Prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
The following acts are prohibited and any violation may
					 result in disciplinary action by the board:
1. Obtaining or attempting to obtain a
				  license by false or fraudulent representation.
2. Performing improvements or repairs to a
				  residential building as a result of the findings of the home inspection within
				  12 months before or after performing a home inspection on it, except in cases
				  where the home inspector purchased the residential building after he performed
				  the home inspection.
3. 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 this chapter.
4. A licensee having been convicted, found
				  guilty, or disciplined in any jurisdiction of any offense or violation
				  enumerated in 18VAC15-40-152. Review of convictions shall be subject to the
				  requirements of §
										54.1-204 of the Code of
				  Virginia.
5. Failing to inform the
				  board in writing within 30 days that the licensee was convicted, found guilty,
				  or disciplined in any jurisdiction of any offense or violation enumerated in
				  18VAC15-40-152.
6. Failing to act
				  as a licensee in such a manner as to safeguard the interests of the
				  public.
7. Engaging in improper,
				  fraudulent, or dishonest conduct in conducting a home inspection.
8. Having performed a home inspection when
				  not qualified by training or experience to competently perform any part of the
				  home inspection.
9. Failing to
				  maintain, through training, the proficiency to perform Virginia home
				  inspections.
10. Conducting a home
				  inspection on any new residential structure without the NRS specialty issued by
				  the board.
11. Failing to maintain
				  the insurance policy required pursuant to
				  18VAC15-40-30 G.
12. Failing to report a change pursuant to
				  18VAC15-40-160.
13. Having cited, stated, or represented that
				  there exists a violation of the Virginia Uniform Statewide Building Code
				  (13VAC5-63) in a home inspection report or other document prepared relative to
				  a home inspection.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC15-40-160 - Maintenance of licenses, reports, and documentation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The licensee shall at all times keep the
				  board informed of his current address of record, to include the physical
				  address, as applicable. Changes of address shall be reported to the board in
				  writing within 30 calendar days after such change. A post office box is
				  acceptable as the address of record only when a physical address is also
				  provided. The board shall not be responsible for the licensee's failure to
				  receive notices, communications and correspondence caused by the licensee's
				  failure to promptly notify the board of any change of address.
B. The licensee shall notify the board in
				  writing of a name change within 30 calendar days of any change in the
				  licensee's legal name. Such notification shall be accompanied by a copy of a
				  marriage license, divorce decree, court order, or other documentation that
				  verifies the name change.
C. The
				  licensee shall retain all records pertaining to home inspections performed to
				  include written reports and supporting documentation for a period of three
				  years from the date of the related home inspection.
D. The licensee shall report the
				  cancellation, amendment, expiration, or any other change of the insurance
				  policy submitted in accordance with
				  18VAC15-40-30 G within 30 days of
				  the change.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC15-40-170

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC15-40-180 - Response to inquiry of the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. A licensee must respond within 10 days to
				  a request by the board or any of its agents regarding any complaint filed with
				  the department.
B. Unless otherwise
				  specified by the board, a licensee of the board shall produce to the board or
				  any of its agents within 10 days of the request any document, book, or record
				  concerning any transaction pertaining to a complaint filed in which the
				  licensee was involved, or for which the licensee is required to maintain
				  records. The board may extend such timeframe upon a showing of extenuating
				  circumstances prohibiting delivery within such 10-day period.
C. A licensee shall not provide a false,
				  misleading, or incomplete response to the board or any of its agents seeking
				  information in the investigation of a complaint filed with the board.
D. With the exception of the requirements of
				  subsections A and B of this section, a licensee must respond to an inquiry by
				  the board or its agent within 21 days.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part V - Standards of Conduct and Practice › Section 18VAC15-40-190

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-200 - Prelicense education courses, new residential structures training modules, and new residential structures continuing professional education courses generally

Current through Register Vol. 40, No. 24, July 15, 2024
All prelicense education courses, NRS training modules, and
					 NRS CPE courses proposed for the purposes of meeting the requirements of this
					 chapter must be approved by the board. Prelicense education courses and
					 training modules may be approved retroactively upon request of the provider
					 with the application; however, no applicant will receive credit until such
					 approval is granted by the board.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-210 - Approval of prelicense education courses

Current through Register Vol. 40, No. 24, July 15, 2024
A training provider seeking approval of a prelicense
					 education course shall submit an application for prelicense education course
					 approval on a form provided by the board. In addition to the appropriate fee
					 provided in
					 18VAC15-40-50, the application
					 shall include:
1. The name of the
				  provider;
2. Provider contact
				  person, address, and telephone number;
3. Course contact hours;
4. Schedule of prelicense education courses
				  if established, including dates, times, and locations;
5. Method of delivery;
6. Instructor information, including name,
				  license number, if applicable, and a list of trade-appropriate designations, as
				  well as a professional resume with a summary of teaching experience and subject
				  matter knowledge and qualifications acceptable to the board;
7. Materials to be provided to
				  students;
8. Fees for prelicense
				  education course and materials; and
9. Training module syllabus.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-220 - Prelicense education course requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A prelicense education course must be a minimum of 35
					 hours. The syllabus for each type of prelicense education course shall
					 encompass the following subject areas and include methods for identification
					 and inspection, safety and maintenance, and standards for material selection
					 and installation procedures, as applicable:
1. Site conditions;
2. Exterior components of the residential
				  building;
3. Structural system
				  elements;
4. Electrical system
				  elements;
5. Heating and cooling
				  systems;
6. Insulation, moisture
				  management systems, and ventilation systems;
7. Plumbing systems;
8. Interior components;
9. Fireplace and chimney systems;
10. Common permanently installed
				  appliances;
11. Inspection report
				  requirements;
12. Responsibilities
				  to the client, including required contract elements; and
13. Overview of the board's
				  regulations.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-230 - Approval of new residential structures training modules and new residential structures continuing professional education

Current through Register Vol. 40, No. 24, July 15, 2024
A training provider seeking approval of an NRS training
					 module or NRS CPE course shall submit an application for NRS training module or
					 NRS CPE course approval on a form provided by the board. NRS training modules
					 and NRS CPE can be provided in a classroom environment, online, or through
					 distance learning. In addition to the appropriate fee provided in
					 18VAC15-40-50, the application
					 shall include:
1. The name of the
				  provider;
2. Provider contact
				  person, address, and telephone number;
3. Module or CPE course contact
				  hours;
4. Schedule of training
				  module or CPE course if established, including dates, times, and
				  locations;
5. Method of
				  delivery;
6. Instructor
				  information, including name, license number, if applicable, and a list of
				  trade-appropriate designations, as well as a professional resume with a summary
				  of teaching experience and subject matter knowledge and qualifications
				  acceptable to the board;
7.
				  Materials to be provided to students;
8. Fees for NRS training module or NRS CPE
				  course and materials; and
9.
				  Training module syllabus.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-240 - New residential structures training module requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				  qualify as an NRS training module under 18VAC15-40-35, the training module must
				  include a minimum of eight contact hours, and the syllabus shall encompass all
				  of the subject areas set forth in subsection B of this section.
B. The following subject areas as they relate
				  to the Virginia Residential Code shall be included in all NRS training modules.
				  The time allocated to each subject area must be sufficient to ensure adequate
				  coverage of the subject as determined by the board.
1. Origin of the Virginia Residential Code.
a. Overview of Title 36 of the Code of
				  Virginia.
b. Roles and
				  responsibilities of the Board of Housing and Community Development and the
				  Department of Housing and Community Development.
c. Virginia Uniform Statewide Building Code,
				  Part I (13VAC5-63-10 through
				  13VAC5-63-390 ) of
				  13VAC5-63.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-250 - New residential structures training modules and new residential structures continuing professional education requirements

Current through Register Vol. 40, No. 24, July 15, 2024
In order to qualify for NRS CPE for the renewal of home
					 inspector licenses with the NRS specialty, the NRS CPE must include a minimum
					 of four contact hours and the syllabus shall encompass all of the topic areas
					 listed in 18VAC15-40-240 for an NRS training module.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-260 - Documentation of prelicense education courses, new residential structures training modules, and new residential structures continuing professional education completion requirements

Current through Register Vol. 40, No. 24, July 15, 2024
All prelicense education course, NRS training module, and
					 NRS CPE providers must provide each student who successfully completes the
					 course or training module with a certificate of completion or other
					 documentation that the student may use as proof of course or training module
					 completion. Such documentation shall contain the contact hours completed, the
					 date of training, and the course identification number assigned by the
					 board.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-270 - Maintenance of records

Current through Register Vol. 40, No. 24, July 15, 2024
All providers of approved prelicense education courses, NRS
					 training modules, or NRS CPE courses must establish and maintain a record for
					 each student. The record shall include the student's name and address, the
					 training module or course name and hours attended, the training module or
					 course syllabus or outline, the name or names of the instructors, the date of
					 successful completion, and the board's approved training module or course
					 identification number. Records shall be available for inspection during normal
					 business hours by authorized representatives of the board. Providers must
					 maintain these records for a minimum of five years.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-280 - Reporting changes

Current through Register Vol. 40, No. 24, July 15, 2024
Any change in the information provided in 18VAC15-40-210 or
					 18VAC15-40-230 must be reported to the board within 30 days of the change. Any
					 change in information submitted will be reviewed to ensure compliance with the
					 provisions of this chapter.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-290 - Withdrawal of approval

Current through Register Vol. 40, No. 24, July 15, 2024
The board may withdraw approval of a prelicense education
					 course, an NRS training module, or an NRS CPE course for the following
					 reasons:
1. The training module or
				  course being offered no longer meets the standards established by the
				  board.
2. The provider, through an
				  agent or otherwise, advertises its services in a fraudulent or deceptive
				  way.
3. The provider, instructor,
				  or contact person of the provider falsifies any information relating to the
				  application for approval, training module, course information, or student
				  records or fails to produce records required by 18VAC15-40-270.
4. A change in the information provided that
				  results in noncompliance with this part.
5. Failure to comply with
				  18VAC15-40-280.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Part VI - Approval of Prelicense Education Courses, New Residential Structures Training Module, and New Residential Structures Continuing Professional Education › Section 18VAC15-40-300 - Board authority to audit approved education courses and training modules

Current through Register Vol. 40, No. 24, July 15, 2024
The board may conduct an audit of any board-approved
					 prelicense education course, NRS training module, or NRS CPE course provider to
					 ensure continued compliance with this chapter.
Statutory Authority: §§
												54.1-201 and
						54.1-501 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 40 - HOME INSPECTOR LICENSING REGULATIONS › Form - FORMS (18VAC15-40)

Current through Register Vol. 40, No. 24, July 15, 2024
Home
				  Inspector License Application, A506-3380LIC-v4 (eff. 12/2021)
Home
				  Inspector NRS Specialty Designation Application, A506-3380NRS-v1 (eff.
				  7/2017)
Home
				  Inspector Experience Verification Form, A506-3380EXP-v7 (eff.
				  9/2017)
Home
				  Inspectors - Inspection Log, A506-3380ILOG-v1 (eff. 9/2017)
Home
				  Inspector Reinstatement Application, A506-3380REI-v4 (eff.
				  2/2022)
Home
				  Inspector - Course Approval Application, Prelicense Education Course/NRS
				  Training Module/NRS CPE, A506-3331HICRS-v3 (eff.
				  2/2020)
Statutory Authority: §§ 54.1-201 and 54.1-501 of
					 the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC25-11-10 - 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
					 Auctioneers Board. 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 54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC25-11-30 - 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 54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC25-11-40 - 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
				  18VAC25-11-30, 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-50 - 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-60 - 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-70 - 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-80 - 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-90 - 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 54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-100 - 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 25 - AUCTIONEERS BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC25-11-110 - 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 25 - AUCTIONEERS BOARD › Chapter 20 - RULES AND REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD [REPEALED] › Section 18VAC25-20-10 to 18VAC25-20-190

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part I - Definitions › Section 18VAC25-21-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Owner" means the bona fide owner or any lawfully
					 designated agent of the real or personal property being offered for sale; in
					 the case of a corporation, partnership, or other entity, except a sole
					 proprietorship, an authorized officer, director, or partner may be deemed to be
					 "owner" of the real or personal property being offered for sale, provided such
					 entity is licensed to do business in the Commonwealth of
					 Virginia.
Statutory Authority: §§
												54.1-201 and
						54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-20 - Licensure

Current through Register Vol. 40, No. 24, July 15, 2024
All persons or firms as defined in §
										54.1-600 of the Code
					 of Virginia who conduct auctions or offer their services to sell at auction in
					 the Commonwealth are required to file a licensure application and pay the
					 specified fee to the board. Applicants for individual licensure shall meet the
					 following requirements:
1. Be at least
				  18 years of age.
2. Shall not have
				  been previously found by any regulatory board or agency to have violated any
				  applicable regulations or laws in the course of performing auctioneer duties or
				  been convicted or found guilty, regardless of the manner of adjudication, in
				  any jurisdiction of the United States of a non-marijuana misdemeanor involving
				  moral turpitude or any felony, there being no appeal pending therefrom or the
				  time for appeal having elapsed. Any plea of nolo contendere shall be considered
				  a conviction for purposes of this subdivision. A certified copy of a final
				  order, decree or case decision by a court or regulatory agency with the lawful
				  authority to issue such order shall be admissible as prima facie evidence of
				  such conviction or discipline. Applicants for licensure who do not meet
				  requirements set forth in this section may be approved for licensure following
				  consideration by the board in accordance with §
										54.1-204
				  of the Code of Virginia.
3.
				  Successfully complete a course of study at a school of auctioneering that has
				  obtained course approval from the board, or an equivalent course, and has
				  passed the Virginia Licensed Auctioneer's Examination administered by the
				  Auctioneers Board or its designee.
Statutory Authority: §§
												54.1-201
						and
						54.1-602
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-30 - Bond required

Current through Register Vol. 40, No. 24, July 15, 2024
All applicants shall submit evidence that a surety bond,
					 executed by a surety company authorized to do business in the Commonwealth and
					 in at least the amount of $10,000, has been obtained. Proof of current bond
					 must be submitted in order to obtain or renew the license. The bond must
					 commence no later than the effective date of the license and shall expire no
					 sooner than the date of expiration of the license.
Statutory Authority
§§ 54.1-201 and 54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-40 - License by reciprocity

Current through Register Vol. 40, No. 24, July 15, 2024
The board may issue a license to any individual applicant
					 holding a license in any state, territory, or possession of the United States,
					 with whom the board has established an act of reciprocity provided the
					 requirements and standards under which the license was issued are substantially
					 equivalent to those established by the board. At the time of application for
					 licensure, the applicant must be currently licensed in the state in which
					 reciprocity is established with the Commonwealth of Virginia. The board may
					 deny an application if the licensed auctioneer has been found guilty (i) by any
					 regulatory board or agency to have violated any applicable regulations or laws
					 in the course of performing auctioneering duties or (ii) by a court of any
					 non-marijuana misdemeanor, other criminal offense, or material
					 misrepresentation in the course of performing auctioneer duties. A certified
					 copy of a final order, decree or case decision by a court or regulatory agency
					 with the lawful authority to issue such order shall be admissible as prima
					 facie evidence of such conviction or discipline.
Nonresident applicants shall also file with the board an
					 irrevocable consent that service of process upon the director is valid and
					 binding as the service of process upon the applicant.
Statutory Authority: §§
												54.1-201
						and
						54.1-602
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-50 - Application

Current through Register Vol. 40, No. 24, July 15, 2024
A. All applicants
				  seeking licensure shall submit a fully executed application with the
				  appropriate fee or fees attached. Applicants will be notified if their
				  application is incomplete.
Applications for licensure by examination must comply with
					 the requirements of the board's designee as to the deadline for submission of
					 the application to the board's designee.
B.
1. If a
				  corporation, limited liability company, or other entity, the application shall
				  include copies of the certificate of incorporation or certificate of
				  organization issued by the Virginia State Corporation Commission, articles and
				  bylaws.
2. If a foreign
				  corporation, foreign limited liability company, or other entity, the
				  application shall include copies of the certificate of authority to conduct
				  business issued by the Virginia State Corporation Commission, which shall be
				  required in lieu of the certificates as required by subdivision 1 of this
				  subsection.
3. Any firm applicant
				  shall not have been previously found by any regulatory board or agency to have
				  violated any applicable regulations or laws in the course of performing
				  auctioneer duties or been convicted or found guilty, regardless of the manner
				  of adjudication, in any jurisdiction of the United States of a non-marijuana
				  misdemeanor involving moral turpitude or any felony, there being no appeal
				  pending therefrom or the time for appeal having elapsed. Any plea of nolo
				  contendere shall be considered a conviction for purposes of this subdivision. A
				  certified copy of a final order, decree or case decision by a court or
				  regulatory agency with the lawful authority to issue such order shall be
				  admissible as prima facie evidence of such conviction or discipline. Applicants
				  for licensure who do not meet requirements set forth in this section may be
				  approved for licensure following consideration by the board in accordance with
				  §
											54.1-204
				  of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-60 - Examination

Current through Register Vol. 40, No. 24, July 15, 2024
The examination shall test the applicant's knowledge of the
					 following:
1. The auction business
				  including fundamentals of auctioneering, elementary principles of real estate,
				  preparation of contracts, advertising, final settlement statements, arithmetic
				  and percentages, and ethics.
2. The
				  Virginia statutes entitled Auctioneers' Licensure Act, Chapter 6 (§
				  54.1-600 et seq.) of Title 54.1 of the Code of Virginia; bulk transfers,
				  §§ 8.6-101A through 8.6-110A and 8.2-328 of the Code of Virginia;
				  sales tax laws, Title 58.1 of the Code of Virginia; and the regulations of the
				  board.
Statutory Authority
§§ 54.1-201 and 54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part II - Entry Requirements › Section 18VAC25-21-70 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
Fees are nonrefundable and shall not be prorated. The
					 following fees shall apply:
1. Individual auctioneer license
$25
2. Auctioneer firm license
$55
3. Renewal for individual auctioneer's license
$55
4. Renewal for firm or corporation license
$65
5. Late renewal for an individual auctioneer's license
$80
6. Late renewal for an auction firm or corporate
							 license
$90
7. Reinstatement of the individual auctioneer's
							 license
$105
8. Reinstatement of the firm or corporate license
$115
The fee for examination or reexamination is subject to
					 contracted charges 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). The board may adjust the fee charged to candidates in accordance
					 with these contracts.
Statutory Authority: §§
												54.1-201 and
						54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part III - Renewal/Reinstatement › Section 18VAC25-21-80 - Notice of renewal

Current through Register Vol. 40, No. 24, July 15, 2024
The board will mail a renewal notice to the licensee
					 outlining the amount due and procedures for renewal to the last known mailing
					 address of record. Failure to receive this notice shall not relieve the
					 individual or firm licensee of the obligation to renew.
Licenses issued under this chapter shall be issued for a
					 two-year period. Each license holder, corporation or firm shall be required to
					 renew the license by submitting the proper fee made payable to the Treasurer of
					 Virginia, with verification of current surety bond coverage as detailed in
					 18VAC25-21-30. By renewing the
					 license, the licensee is certifying continued compliance with the Standards of
					 Practice in Part IV (18VAC25-21-100 et seq.) and
					 Standards of Conduct in Part V (18VAC25-21-180 et
					 seq.), as well as Continuing Education Requirements in Part VII (18VAC25-21-230 et seq.) of this
					 chapter.
Statutory Authority: §§
												54.1-201 and
						54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part III - Renewal/Reinstatement › Section 18VAC25-21-90 - Failure to renew

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any licensee
				  who fails to renew a license within 30 days after the license expires, shall be
				  required to pay a late renewal fee.
B. Any licensee, including individuals
				  initially licensed pursuant to § 54.1-603 A of the Code of Virginia, who
				  fails to renew his license within six calendar months after the expiration date
				  of the license shall be required to apply for reinstatement of the license. The
				  applicant shall submit to the board a reinstatement application and fee and
				  comply with the following paragraph.
If the license has expired for six months or more, but
					 less than two years, the applicant shall be required to submit a reinstatement
					 application, which shall be evaluated by the board to determine if the
					 applicant meets the renewal requirements. In addition, individual license
					 holders applying for reinstatement are required to provide evidence of
					 compliance with the continuing education requirements as contained in this
					 chapter. A license that is reinstated shall be deemed as having been continuous
					 without interruption. Nothing in these regulations shall divest the board of
					 its authority to discipline a license holder for a violation of the law or
					 regulation during the period of time for which the licensee was licensed.
C. If the license has
				  expired for two years or more, the applicant shall be required to submit a new
				  application and meet current entry requirements that are in effect as of the
				  date the application is received by the board office. The applicant shall be
				  required to submit the examination fee and sit for and pass the Virginia
				  Licensed Auctioneer's Examination or comply with the provisions contained in
				  18VAC25-21-40. Any auctioneering
				  activity conducted between the time the previous license expired and the
				  effective date of the new license shall be considered unlicensed
				  activity.
D. The date that the
				  complete renewal application, including fees and all required documentation, is
				  received by the board or its agent will determine whether a license will be
				  renewed without penalty or will be subject to reinstatement
				  requirements.
E. Licenses issued
				  under this regulation shall expire 24 months from the last day of the month in
				  which the license was issued. The expiration date of the license will be
				  included on the license.
Statutory Authority: §§
												54.1-201 and
						54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part III - Renewal/Reinstatement › Section 18VAC25-21-95 - Board discretion to deny renewal or reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
The board may deny renewal or reinstatement of a license
					 for the same reason as it may refuse initial licensure or discipline a
					 licensee. The licensee has the right to request further review of any such
					 action by the board under the Administrative Process Act (§
										2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority: §§
												54.1-201 and
						54.1-602 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 25 - AUCTIONEERS BOARD › Chapter 21 - REGULATIONS OF THE VIRGINIA AUCTIONEERS BOARD › Part IV - Standards of Practice › Section 18VAC25-21-100 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A. All advertising
				  must be truthful. Advertising shall contain no false, misleading or deceptive
				  statements, with respect to types or conditions of merchandise offered at
				  auction, why merchandise is being sold, who has ownership, where the
				  merchandise was obtained, or the terms and conditions of the auction and
				  sale.
B. In all advertisements
				  relating to an auction, the auctioneer's name and Virginia license number or
				  the auction firm's name and Virginia license number shall be clearly
				  displayed.
Statutory Authority
§§ 54.1-201 and 54.1-602 of the Code of
						Virginia.