Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 50 - BOARD FOR CONTRACTORS › Chapter 30 - INDIVIDUAL LICENSE AND CERTIFICATION REGULATIONS › Part V - Standards of Conduct › Section 18VAC50-30-190 - Prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
Any of the following are cause for disciplinary
					 action:
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 or certification
				  card;
3. Where the regulant has
				  failed to report to the board, in writing, the suspension or revocation of a
				  tradesman, liquefied petroleum gas fitter or natural gas fitter provider
				  license, certificate or card, or backflow prevention device worker, water well
				  systems provider, elevator mechanic, or accessibility mechanic certification
				  card, by another state or a conviction in a court of competent jurisdiction of
				  a building code violation;
4.
				  Negligence or incompetence in the practice of a tradesman, liquefied petroleum
				  gas fitter, natural gas fitter provider, backflow prevention device worker,
				  elevator mechanic, accessibility mechanic, water well systems provider, or
				  automatic fire sprinkler inspector;
5. Misconduct in the practice of a tradesman,
				  liquefied petroleum gas fitter, natural gas fitter provider, backflow
				  prevention device worker, elevator mechanic, accessibility mechanic, water well
				  systems provider, or automatic fire sprinkler inspector;
6. A finding of improper or dishonest conduct
				  in the practice of a tradesman, liquefied petroleum gas fitter, natural gas
				  fitter provider, backflow prevention device worker, elevator mechanic,
				  accessibility mechanic, or water well systems provider by a court of competent
				  jurisdiction;
7. For licensed
				  tradesmen, liquefied petroleum gas fitters or natural gas fitter providers
				  performing jobs under $1,000, or backflow prevention device workers, elevator
				  mechanics, accessibility mechanics, or water well systems providers performing
				  jobs of any amount, abandonment, the intentional and unjustified failure to
				  complete work contracted for, or the retention or misapplication of funds paid,
				  for which work is either not performed or performed only in part (unjustified
				  cessation of work under the contract for a period of 30 days or more shall be
				  considered evidence of abandonment);
8. Making any misrepresentation or making a
				  false promise of a character likely to influence, persuade, or
				  induce;
9. Aiding or abetting an
				  unlicensed contractor to violate any provision of Chapter 1 or Chapter 11 of
				  Title 54.1 of the Code of Virginia or these regulations or combining or
				  conspiring with or acting as agent, partner, or associate for an unlicensed
				  contractor; or allowing one's license or certification to be used by an
				  unlicensed or uncertified individual;
10. Where the regulant has offered, given, or
				  promised anything of value or benefit to any federal, state, or local
				  government 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;
11. Where the regulant has been convicted or
				  found guilty, after initial licensure or certification, regardless of
				  adjudication, in any jurisdiction of any felony or of a misdemeanor involving
				  lying, cheating or stealing, sexual offense, non-marijuana drug distribution,
				  physical injury, or relating to the practice of the profession, there being no
				  appeal pending therefrom or the time of appeal having elapsed. Any pleas of
				  guilty or nolo contendere shall be considered a conviction for the purposes of
				  this subdivision. The record of a conviction certified or authenticated in such
				  form as to be admissible in evidence under the laws of the jurisdiction where
				  convicted shall be admissible as prima facie evidence of such guilt;
12. Having failed to inform the board in
				  writing, within 30 days, that the regulant has pleaded guilty or nolo
				  contendere or was convicted and found guilty of any felony or a misdemeanor
				  involving lying, cheating, stealing, sexual offense, non-marijuana drug
				  distribution, physical injury, or relating to the practice of the
				  profession;
13. Having been
				  disciplined by any county, city, town, or any state or federal governing body
				  for actions relating to the practice of any trade, backflow prevention device
				  work, elevator or accessibility work, or water well systems provider work,
				  which action shall be reviewed by the board before it takes any disciplinary
				  action of its own;
14. Failure to
				  comply with the Virginia Uniform Statewide Building Code (13VAC5-63);
15. Practicing in a classification or
				  specialty service for which the regulant is not licensed or
				  certified;
16. Failure to obtain
				  any document required by the Virginia Department of Health for the drilling,
				  installation, maintenance, repair, construction, or removal of water wells,
				  water well systems, water well pumps, or other water well equipment;
17. Failure to obtain a building permit or
				  applicable inspection where required;
18. Failure to perform a residential building
				  energy analysis 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;
19. Failure of
				  a residential building energy analyst to maintain the general liability
				  insurance required in
				  18VAC50-30-40
				  I 4; and
20. Failure of a certified
				  automatic fire sprinkler inspector to continually maintain the certification
				  required in § 54.1-1147 of the Code of Virginia.
Statutory Authority: § 54.1-201 of the Code of
						Virginia.