Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 20 - VIRGINIA ASBESTOS LICENSING REGULATIONS › Part VI - General Standards of Practice and Conduct › Section 18VAC15-20-450 - Grounds for disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall have the authority to fine
				  any licensee or accredited asbestos training program, accredited asbestos
				  training provider or instructor, and to deny renewal, suspend, revoke or deny
				  application for any license or approval as an accredited asbestos training
				  program, accredited asbestos training provider or instructor provided for under
				  Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia for:
1. Violating or inducing another person to
				  violate any of the provisions of Chapter 1, 2, 3, or 5 of Title 54.1 of the
				  Code of Virginia, or any of the provisions of this chapter.
2. Obtaining a license, approval as an
				  accredited asbestos training program, approval as an accredited asbestos
				  training provider or approval as an instructor through fraudulent
				  means.
3. Altering or falsifying a
				  Virginia Asbestos License or a training certificate from an accredited asbestos
				  training program.
4. Violating any
				  provision of AHERA or ASHARA, or any federal or state regulation pertinent to
				  asbestos activity.
5. Having been
				  found guilty by the board, an administrative body, or by a court of any
				  misrepresentation in the course of performing his asbestos-related operating
				  duties.
6. Subject to the
				  provisions of § 54.1-204 of the Code of Virginia, having been convicted or
				  found guilty, regardless of adjudication in any jurisdiction of the United
				  States, of any felony or of any misdemeanor involving lying, cheating, or
				  stealing, or of any violation while engaged in environmental remediation
				  activity, which resulted in the significant harm or the imminent and
				  substantial threat of significant harm to human health or the environment there
				  being no appeal pending therefrom or the time for appeal having elapsed. Any
				  plea of nolo contendere shall be considered a conviction for the purposes of
				  this chapter. A certified copy of the final order, decree or case decision by a
				  court or regulatory agency with lawful authority to issue such order, decree or
				  case decision shall be admissible as prima facie evidence of such conviction or
				  discipline.
7. Failing to notify
				  the board in writing within 30 days of pleading guilty or nolo contendere or
				  being convicted or found guilty of any felony or of any misdemeanor involving
				  lying, cheating, or stealing or of any violation while engaged in environmental
				  remediation activity which resulted in the significant harm or the imminent and
				  substantial threat of significant harm to human health or the
				  environment.
8. Negligence, or a
				  continued pattern of incompetence, in the practice of the discipline in which
				  the asbestos license is held.
9.
				  Failing or neglecting to send any information or documentation that was
				  requested by the board or its representatives.
10. Refusing to allow state or federal
				  representatives access to any area of an abatement site for the purpose of
				  lawful compliance inspections.
11.
				  Failing to notify the board in writing within 30 days after any change in
				  address or name.
12. Acting as or
				  being an ostensible licensee for undisclosed persons who do or will control or
				  direct, directly or indirectly, the operations of the licensee's business.
Any unlawful act or violation of any provision of Chapter 5
					 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or of the
					 regulations of the board by any asbestos supervisor or asbestos worker may be
					 cause for disciplinary action against the asbestos contractor for whom he works
					 if it appears to the satisfaction of the board that the asbestos contractor
					 knew or should have known of the unlawful act or violation.