reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part I - General Provisions › Section 18VAC125-30-20 - Fees required by the board

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board has established the following
				  fees applicable to the certification of sex offender treatment providers:
Registration of supervision
$50
Add or change supervisor
$25
Application processing and initial certification
								  fee
$90
Certification renewal
$75
Duplicate certificate
$5
Late renewal
$25
Reinstatement of an expired certificate
$125
Replacement of or additional wall
								  certificate
$15
Handling fee for returned check or dishonored
								  credit card or debit card
$50
Reinstatement following revocation or
								  suspension
$500
One-time reduction in fee for renewal on June 30,
								  2020
$55
B.
				  Fees shall be made payable to the Treasurer of Virginia. All fees are
				  nonrefundable.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part I - General Provisions › Section 18VAC125-30-25 - Current name and address

Current through Register Vol. 40, No. 24, July 15, 2024
Certificate holders shall notify the board in writing
					 within 60 days of a change in name or a change of the address of record or of
					 the public address if different from the address of record.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part II - Requirements for Certification › Section 18VAC125-30-30 - Prerequisites to certification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Every applicant for certification by the board shall:
1. Meet the educational requirements
				  prescribed in
				  18VAC125-30-40;
2. Meet the experience requirements
				  prescribed in
				  18VAC125-30-50;
3. Submit to the board:
a. A completed application form;
b. Documented evidence of having fulfilled
				  the education, experience, and supervision set forth in
				  18VAC125-30-40
				  and
				  18VAC125-30-50;
c. A current report from the National
				  Practitioner Data Bank; and
d.
				  Verification of any other health or mental health license, certificate, or
				  registration ever held in Virginia or in another jurisdiction. In order to
				  qualify for certification, the applicant shall have no unresolved action
				  against a license, certificate, or registration. The board will consider
				  history of disciplinary action on a case-by-case
				  basis.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part II - Requirements for Certification › Section 18VAC125-30-40 - Educational requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant for certification as a sex offender treatment
					 provider shall:
1. Document completion
				  of one of the following degrees:
a. A master's
				  or doctoral degree in social work, psychology, counseling, or nursing from a
				  regionally accredited university; or
b. The degree of Doctor of Medicine or Doctor
				  of Osteopathic Medicine from an institution that is approved by an accrediting
				  agency recognized by the Virginia Board of Medicine Graduates of institutions
				  that are not accredited by an acceptable accrediting agency shall establish the
				  equivalency of their education to the educational requirements of the Virginia
				  Board of Social Work, Psychology, Counseling, Nursing or Medicine.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part II - Requirements for Certification › Section 18VAC125-30-50 - Experience requirements; supervision

Current through Register Vol. 40, No. 24, July 15, 2024
A. Registration of supervision. Supervised
				  experience obtained in Virginia without prior written board approval shall not
				  be accepted toward certification. Candidates shall not begin the experience
				  until after completion of the required degree as set forth in
				  18VAC125-30-40.
1. Prior to beginning supervised postdegree
				  experience in Virginia, an individual shall submit:
a. A completed supervisory
				  contract;
b. The application and
				  the registration fee prescribed in
				  18VAC125-30-20;
				  and
c. Official graduate transcript
				  documenting the degree requirement of
				  18VAC125-30-40.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part II - Requirements for Certification › Section 18VAC125-30-70 - Supervision of unlicensed persons

Current through Register Vol. 40, No. 24, July 15, 2024
A certified sex offender treatment provider shall provide
					 supervision for unlicensed persons providing ancillary services as part of an
					 identified sex offender treatment program.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part III - Renewal and Reinstatement › Section 18VAC125-30-80 - Annual renewal of certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every certificate issued by the board
				  shall expire on June 30 of each year.
B. Along with the renewal application, the
				  certified sex offender treatment provider shall:
1. Submit the renewal fee prescribed in
				  18VAC125-30-20;
				  and
2. Attest to having obtained
				  six hours of continuing education as specified in
				  18VAC125-30-81.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part III - Renewal and Reinstatement › Section 18VAC125-30-81 - Continuing education requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certified sex offender treatment providers
				  shall complete a minimum of six contact hours of continuing education in topics
				  related to the provision of sex offender treatment for each annual renewal
				  period.
B. Continuing education
				  shall be offered by a sponsor or provider approved by the Virginia Board of
				  Social Work, Psychology, Counseling, Nursing, or Medicine or by the Association
				  for the Treatment of Sexual Abusers or one of its state chapters, or the
				  Virginia Sex Offender Treatment Association. Hours of continuing education used
				  to satisfy the renewal requirements for another license may be used to satisfy
				  the six-hour requirement for sex offender treatment provider certification,
				  provided it was related to the provision of sex offender treatment.
C. Attestation of completion of continuing
				  education is not required for the first renewal following initial certification
				  in Virginia.
D. The board may grant
				  an extension for good cause of up to one year for the completion of continuing
				  education requirements upon written request from a certificate holder prior to
				  the renewal date. Such extension shall not relieve the certificate holder of
				  the continuing education requirement.
E. The board may grant an exemption for all
				  or part of the continuing education requirements due to circumstances beyond
				  the control of a certificate holder, such as temporary disability, mandatory
				  military service, or officially declared disasters, upon written request from
				  the certificate holder prior to the renewal date.
F. All certificate holders shall maintain
				  original documentation of official transcripts showing credit hours earned or
				  certificates of participation for a period of three years following
				  renewal.
G. Continuing education
				  hours required by a disciplinary order may not be used to satisfy the
				  requirement for renewal.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part III - Renewal and Reinstatement › Section 18VAC125-30-90 - Reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person whose
				  certificate has expired may renew it within one year after its expiration date
				  by paying the renewal fee and the late renewal fee prescribed in
				  18VAC125-30-20.
B. A person whose certificate has expired
				  beyond one year and who wishes to resume practice shall:
1. Submit a reinstatement application along
				  with the reinstatement fee.
2.
				  Provide evidence of completion of six hours of continuing education for each
				  year in which the certification has been expired, with a maximum of 24
				  hours.
3. Submit verification of
				  any health or mental health registration, certification or licensure ever held
				  in Virginia or in any other jurisdiction.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part III - Renewal and Reinstatement › Section 18VAC125-30-91 - Reinstatement following disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person whose certificate has been
				  revoked or suspended by the board under the provisions of
				  18VAC125-30-110
				  shall, in order to be eligible for reinstatement, (i) submit an application to
				  the board for a license, (ii) pay the appropriate reinstatement fee, and (iii)
				  submit any other evidence of competency as prescribed by the board. After a
				  hearing, the board may at its discretion grant the reinstatement.
B. Any person whose certificate has been
				  revoked shall not apply for reinstatement until three years after such board
				  action.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part IV - Standards of Practice; Disciplinary Action; Reinstatement › Section 18VAC125-30-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part IV - Standards of Practice; Disciplinary Action; Reinstatement › Section 18VAC125-30-110 - Grounds for disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
The board may revoke, suspend, restrict or refuse to issue
					 a certificate, or reprimand or fine a practitioner in accord with the
					 following:
1. Violation of provisions
				  of this chapter, including the standards of practice set forth in
				  18VAC125-30-101.
2. Conviction of a
				  felony or a misdemeanor involving moral turpitude (i.e., relating to lying,
				  stealing, or cheating).
3.
				  Demonstrating an inability to practice as a sex offender treatment provider
				  with reasonable skill and safety as a result of any mental, emotional, or
				  physical condition or substance misuse.
4. Conducting one's practice in such a manner
				  so as to make it a danger to the health and welfare of a client or to the
				  public.
5. The denial, revocation,
				  suspension, or restriction of a health or mental health registration, license,
				  or certificate to practice in Virginia or in another state, possession, or
				  territory of the United States or the surrender of any such registration,
				  license, or certificate while an active investigation is pending or in lieu of
				  disciplinary action.
6. Engaging in
				  intentional or negligent conduct that causes or is likely to cause injury to a
				  client.
7. Knowingly allowing
				  persons under supervision to jeopardize client safety or provide care to
				  clients outside of such person's scope of practice or area of
				  responsibility.
8. Performing
				  functions outside areas of competency.
9. Failing to comply with the continuing
				  education requirements set forth in this chapter.
10. Performing an act or making statements
				  that are likely to deceive, defraud, or harm the public.
11. Failing to cooperate with an employee of
				  the Department of Health Professions in the conduct of an
				  investigation.
12. Procuring,
				  attempting to procure, or maintaining a certificate or registration by fraud or
				  misrepresentation.
13. Violating or
				  aiding and abetting another to violate any statute applicable to the practice
				  of the profession, including §
										32.1-127.1:03
				  of the Code of Virginia relating to health records.
14. Failing to report evidence of child abuse
				  or neglect as required in §
										63.2-1509
				  of the Code of Virginia or abuse of aged and incapacitated adults as required
				  in §
										63.2-1606
				  of the Code of Virginia.
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Part IV - Standards of Practice; Disciplinary Action; Reinstatement › Section 18VAC125-30-120

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												54.1-2400
						and
						54.1-3605
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 125 - BOARD OF PSYCHOLOGY › Chapter 30 - REGULATIONS GOVERNING THE CERTIFICATION OF SEX OFFENDER TREATMENT PROVIDERS › Form - FORMS (18VAC125-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  Instructions for Certification as a Sex Offender Treatment Provider (rev.
				  12/2020)
Applicant
				  Out-of-State Licensure Verification (rev. 12/2020)
Verification
				  of Post-Degree Supervision (rev. 12/2020)
Verification
				  of Training (rev. 12/2020)
Applicant
				  Out-of-State Supervisor Licensure Verification (rev. 12/2020)
Application
				  Instructions for Initial Registration of Supervision for Sex Offender Treatment
				  Providers (rev. 12/2020)
Application
				  Instructions for Add/Change Registration of Supervision for Sex Offender
				  Treatment Providers (rev. 12/2020)
Reinstatement
				  Instructions for Certification of Sex Offender Treatment Providers (rev.
				  12/2020)
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC130-11-10 - 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
					 Real Estate Appraiser 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, 54.1-201 and 54.1-2013 of the
						Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC130-11-30 - 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, 54.1-201 and 54.1-2013 of the
						Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 18VAC130-11-40 - 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
				  18VAC130-11-30, 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-50 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-60 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-70 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-80 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-90 - 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, 54.1-201 and 54.1-2013 of the
						Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-100 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC130-11-110 - 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 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-20 - Requirement for registration

Current through Register Vol. 40, No. 24, July 15, 2024
All business entities, both domestic (in-state) and foreign
					 (out-of-state), providing appraisal services shall register with the board by
					 completing an application furnished by the board describing the location,
					 nature, and operation of their practices, and the name and address of the
					 registered agent, an associate, or a partner of the business entity. Along with
					 a completed application form, domestic corporations and limited liability
					 companies shall provide a copy of the certificate as issued by the State
					 Corporation Commission; foreign (out-of-state) corporations and limited
					 liability companies shall provide a copy of the certificate from the State
					 Corporation Commission; partnerships shall provide a copy of the certified
					 Partnership Certificate; and other business entities trading under a fictitious
					 name shall be authorized to conduct business in accordance with Chapter 5
					 (§
										59.1-69
					 et seq.) of Title 59.1 of the Code of Virginia. Every business entity providing
					 appraisal services shall provide the name and license number of a board
					 licensee who shall serve as the contact person for the board.
Statutory Authority: §§
												54.1-201
						and
						54.1-2013
						of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-30 - General qualifications for licensure

Current through Register Vol. 40, No. 24, July 15, 2024
Every applicant to the Real Estate Appraiser Board for a
					 certified general, certified residential, or licensed residential real estate
					 appraiser license shall meet the following qualifications:
1. The applicant shall be of good moral
				  character, honest, truthful, and competent to transact the business of a
				  licensed real estate appraiser in such a manner as to safeguard the interests
				  of the public.
2. The applicant
				  shall meet the current educational and experience requirements and submit a
				  license application to the Department of Professional and Occupational
				  Regulation or its agent prior to the time the applicant is approved to take the
				  licensing examination. Applications received by the department or the
				  department's agent must be complete within 12 months of the date of the receipt
				  of the license application and fee by the Department of Professional and
				  Occupational Regulation or the department's agent.
3. The applicant shall sign, as part of the
				  application, a statement verifying that the applicant has read and understands
				  the Virginia real estate appraiser license law and the regulations of the Real
				  Estate Appraiser Board.
4. The
				  applicant shall be in good standing as a real estate appraiser in every
				  jurisdiction where licensed or certified; the applicant may not have had a
				  license or certification that was suspended, revoked, or surrendered in
				  connection with a disciplinary action or that has been the subject of
				  discipline in any jurisdiction prior to applying for licensure in
				  Virginia.
5. The applicant shall
				  possess a background that would not call into question the public trust. Each
				  applicant shall submit to fingerprinting. A background investigation shall be
				  conducted, which shall not reveal that the applicant has been convicted, found
				  guilty, or pled guilty or nolo contendere to a crime that would call into
				  question the applicant's fitness or suitability to engage in the profession.
				  The applicant must disclose the following:
a.
				  All felony convictions; and
b. All
				  misdemeanor convictions except marijuana convictions in any jurisdiction that
				  occurred within five years of the date of application.
Any plea of nolo contendere or finding of guilt regardless
					 of adjudication or deferred adjudication shall be considered a conviction for
					 purposes of this subdivision.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-40 - Qualifications for licensure by reciprocity

Current through Register Vol. 40, No. 24, July 15, 2024
Every applicant to the Real Estate Appraiser Board for a
					 license by reciprocity shall have met the following qualifications:
1. An individual who is currently licensed or
				  certified as a real estate appraiser in another jurisdiction may obtain a
				  Virginia real estate appraiser license by providing documentation that the
				  applicant has met educational, experience and examination requirements that are
				  substantially equivalent to those required in Virginia for the appropriate
				  level of licensure.
2. The
				  applicant shall be at least 18 years of age.
3. The applicant shall, as part of the
				  application, verify that the applicant has read and understands the Virginia
				  real estate appraiser license law and the regulations of the Real Estate
				  Appraiser Board.
4. The applicant
				  shall be in good standing as a licensed or certified real estate appraiser in
				  every jurisdiction where licensed or certified; the applicant may not have had
				  a license or certification as a real estate appraiser which was suspended,
				  revoked, or surrendered in connection with a disciplinary action or which has
				  been the subject of discipline in any jurisdiction prior to applying for
				  licensure in Virginia.
5. The
				  applicant shall be of good moral character, honest, truthful, and competent to
				  transact the business of a licensed real estate appraiser in such a manner as
				  to safeguard the interests of the public.
6. The applicant may not have been convicted,
				  found guilty or pled guilty, regardless of adjudication, in any jurisdiction of
				  a misdemeanor involving moral turpitude or of any felony. 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 with the
				  lawful authority to issue such order, decree, or case decision shall be
				  admissible as prima facie evidence of such conviction.
7. Applicants for licensure who do not meet
				  the requirements set forth in subdivisions 4 and 6 of this section may be
				  approved for licensure following consideration by the board.
Statutory Authority
§§ 54.1-201 and 54.1-2013 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-50 - Qualifications for temporary licensure

Current through Register Vol. 40, No. 24, July 15, 2024
An individual who is currently licensed or certified as a
					 real estate appraiser in another jurisdiction may obtain a temporary Virginia
					 real estate appraiser's license as required by Section 1121 of the Federal
					 Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 USCS
					 § 1811.
The appraiser's permanent certification or license issued
					 by another state shall be recognized as equivalent to a Virginia license
					 provided that:
1. The appraiser's
				  business is of a temporary nature, and is limited to one specific assignment
				  not to exceed 12 months. A specific assignment may include multiple properties.
				  The temporary assignment must be complete prior to the expiration date of the
				  permanent certification or license issued by another state.
2. The applicant shall, as part of the
				  application, verify that the applicant has read and understands the Virginia
				  real estate appraiser license law and the regulations of the Real Estate
				  Appraiser Board.
3. The applicant
				  shall be in good standing as a licensed or certified real estate appraiser in
				  every jurisdiction where licensed or certified; the applicant may not have had
				  a license or certification as a real estate appraiser which was suspended,
				  revoked, or surrendered in connection with a disciplinary action.
4. The applicant shall be of good moral
				  character, honest, truthful, and competent to transact the business of a real
				  estate appraiser in such a manner as to safeguard the interest of the
				  public.
5. The applicant may not
				  have been convicted, found guilty or pled guilty, regardless of adjudication,
				  in any jurisdiction of a misdemeanor involving moral turpitude or of any
				  felony. 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 with the lawful authority to issue such order,
				  decree, or case decision shall be admissible as prima facie evidence of such
				  conviction.
6. Applicants for
				  licensure who do not meet the requirements set forth in subdivisions 3 and 5 of
				  this section may be approved for licensure following consideration by the
				  board.
Applicants for temporary licensure shall verify the above
					 information on an application form provided by the board. A temporary license
					 cannot be renewed. More than one temporary license may be issued per
					 year.
Statutory Authority
§§ 54.1-201 and 54.1-2013 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-70 - Requirement for the certification of appraisal education instructors

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to the mandate of Title 11 of the Federal
					 Financial Institutions Reform, Recovery and Enforcement Act of 1989, and §
					 54.1-2013 of the Code of Virginia, instructors teaching prelicense educational
					 offerings who are not employed or contracted by accredited colleges,
					 universities, junior and community colleges, adult distributive or marketing
					 education programs are required to be certified by the board. Effective January
					 1, 2003, all Uniform Standards of Professional Appraisal Practice courses
					 taught for prelicense and continuing education credit must be taught by
					 instructors certified by the Appraiser Qualifications Board. Applications
					 received by the department or its agent must be complete within 12 months of
					 the date of the receipt of the license application and fee by the Department of
					 Professional and Occupational Regulation or its agent.
Statutory Authority
§ 54.1-2013 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-80 - Qualifications for the certification of instructors

Current through Register Vol. 40, No. 24, July 15, 2024
The applicant shall be in good standing as a real estate
					 appraiser in every jurisdiction where licensed or certified; the applicant may
					 not have had a license or certification which was suspended, revoked or
					 surrendered in connection with a disciplinary action or which has been the
					 subject of discipline in any jurisdiction prior to applying for licensure in
					 Virginia, and shall have:
1. A
				  baccalaureate degree in real estate, economics, finance or business, and have
				  satisfied the state appraisal licensing educational requirements for the level
				  being instructed; or
2. A
				  baccalaureate degree, an appraisal license which has been in good standing for
				  at least two years, and a current certified residential or certified general
				  appraisal license appropriate for the level being instructed; or
3. Seven years of active experience acquired
				  in the appraisal field in the past 10 years, an appraisal license which has
				  been in good standing for at least two years, and a current certified
				  residential or certified general appraisal license appropriate for the level
				  being instructed.
Statutory Authority
§§ 54.1-2013, 54.1-2014 and 54.1-2016 of the
						Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part II - Entry › Section 18VAC130-20-90 - Application and registration fees

Current through Register Vol. 40, No. 24, July 15, 2024
There will be no pro rata refund of these fees to licensees
					 who resign or upgrade to a higher license or to licensees whose licenses are
					 revoked or surrendered for other causes. All application fees for licenses and
					 registrations are nonrefundable.
1.
				  Application fees for registrations, certificates and licenses are as follows:
Registration of Business Entity
$160
Certified General Real Estate Appraiser
$290
Temporary Certified General Real Estate
								  Appraiser
$75
Certified Residential Real Estate
								  Appraiser
$290
Temporary Certified Residential Real Estate
								  Appraiser
$75
Licensed Residential Real Estate Appraiser
$290
Temporary Licensed Residential Real Estate
								  Appraiser
$75
Appraiser Trainee
$155
Upgrade of License
$130
Instructor Certification
$150
Application fees for a certified general real estate
					 appraiser, a certified residential real estate appraiser, a licensed
					 residential real estate appraiser and an appraiser trainee include a $37.50 fee
					 for a copy of the Uniform Standards of Professional Appraisal Practice. This
					 fee is subject to the fee charged by the Appraisal Foundation and may be
					 adjusted and charged to the applicant in accordance with the fee charged by the
					 Appraisal Foundation.
2.
				  Examination fees. The fee for examination or reexamination is subject to
				  contracted charges to the department 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
				  this contract.
3. An $80 National
				  Registry fee assessment for all permanent license applicants is to be assessed
				  of each applicant in accordance with § 1109 of the Financial Institutions
				  Reform, Recovery, and Enforcement Act of 1989 ( 12 USC §§ 3331-3351
				  ). This fee may be adjusted and charged to the applicant in accordance with the
				  Act. If the applicant fails to qualify for licensure, then this assessment fee
				  will be refunded.
Statutory Authority: §§
												54.1-201 and
						54.1-2013 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part III - Renewal of License/Registration/Certification › Section 18VAC130-20-100 - Renewal required

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses issued under this chapter for certified general
					 real estate appraisers, certified residential real estate appraisers and
					 licensed residential real estate appraisers and appraiser trainees and
					 registrations issued for business entities shall expire two years from the last
					 day of the month in which they were issued, as indicated on the license or
					 registration. Certifications issued under this chapter for instructors shall
					 expire two years from the last day of the month in which they were issued, as
					 indicated on the certification.
Statutory Authority
§§ 54.1-2013, 54.1-2014 and 54.1-2016 of the
						Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part III - Renewal of License/Registration/Certification › Section 18VAC130-20-110 - Qualifications for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. As a
				  condition of renewal, and under § 54.1-2014 of the Code of Virginia, all
				  active certified general real estate appraisers, certified residential real
				  estate appraisers, and licensed residential real estate appraisers, resident or
				  nonresident, shall be required to complete continuing education courses
				  satisfactorily within each licensing term as follows:
1. All real estate appraisers must
				  satisfactorily complete continuing education courses or seminars offered by
				  accredited colleges, universities, or junior and community colleges; adult
				  distributive or marketing education programs; local, state, or federal
				  government agencies, boards, or commissions; proprietary schools; or real
				  estate appraisal or real estate related organizations of not less than 28
				  classroom hours during each licensing term.
2. All real estate appraisers may also
				  satisfy up to one half of an individual's continuing education requirements by
				  participation other than as a student in educational processes and programs
				  approved by the board to be substantially equivalent for continuing education
				  purposes, including teaching, program development, or authorship of
				  textbooks.
3. Seven of the
				  classroom hours completed to satisfy the continuing education requirements
				  shall be the National Uniform Standards of Professional Appraisal Practice
				  update course or its equivalent.
4.
				  Aside from complying with the requirement to complete the seven-hour National
				  USPAP Update Course, or its equivalent, appraisers may not receive credit for
				  completion of the same continuing education course within a licensing
				  term.
5. As part of the required
				  hours, all real estate appraisers must complete a minimum two-hour course on
				  either fair housing or appraisal bias. Such course must be (i) a fair housing
				  or appraisal bias course approved by the Appraiser Qualifications Board; (ii)
				  approved by the Real Estate Board in its fair housing category; or (iii)
				  approved by the board in accordance with Part V (18VAC130-20-200 et seq.) of this
				  chapter.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 130 - REAL ESTATE APPRAISER BOARD › Chapter 20 - REAL ESTATE APPRAISER BOARD RULES AND REGULATIONS › Part III - Renewal of License/Registration/Certification › Section 18VAC130-20-120 - Procedures for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board will mail a renewal application form to the licensee and certificate
				  holder at the last known home address and to the registered firm or at the last
				  known business address. This form shall outline the procedures for renewal.
				  Failure to receive the renewal application form shall not relieve the licensee,
				  certificate holder or the registrant of the obligation to renew.
B. Prior to the expiration date shown on the
				  license or registration, each licensee, certificate holder or registrant
				  desiring to renew the license or registration shall return to the board the
				  completed renewal application form and the appropriate renewal and registry
				  fees as outlined in
				  18VAC130-20-130.
C. The date on which the renewal application
				  form and the appropriate fees are received by the Department of Professional
				  and Occupational Regulation or its agent will determine whether the licensee,
				  certificate holder or registrant is eligible for renewal. If either the renewal
				  application form or renewal fee, including the registry fee, is not received by
				  the Department of Professional and Occupational Regulation or its agent within
				  30 days of the expiration date, the licensee, certificate holder or registrant
				  must reinstate his license by meeting all requirements listed in
				  18VAC130-20-110 and pay a
				  reinstatement fee as specified in
				  18VAC130-20-130. One year after
				  the expiration date on the license, certificate or registration, reinstatement
				  is no longer possible. To resume practice, the former licensee, certificate
				  holder, or registrant shall reapply for licensure as a new applicant, meeting
				  current education, examination and experience requirements.
Statutory Authority: §§ 54.1-201 and 54.1-2013
						of the Code of Virginia.