Titles of Regulations: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-180).

18VAC41-50. Tattooing Regulations (amending 18VAC41-50-180).

18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-140).

18VAC41-70. Esthetics Regulations (amending 18VAC41-70-160).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 19, 2023.

Effective Date: October 1, 2023.

Agency Contact: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia gives authority to the Board for Barbers and Cosmetology to promulgate regulations.

Purpose: The purpose of this action is to allow practitioners who obtained an initial license through a grandfathering provision, but have allowed their licenses to expire, the ability to be eligible for a new license based on the original grandfathering provision, five years of licensed experience, and passing required examinations. Currently, individuals initially licensed under grandfathering provisions whose licenses expire are required to repeat Virginia training, even when they have been successfully been practicing in that field for years. The board reviewed these regulations in response to requests from the public in order to ensure best practices and minimally burdensome regulations.

The board determined that practitioners with expired licenses, originally licensed under grandfathering provisions, comply with the regulatory requirements of initial licensure. The board decided that prior licensed individuals with five years of work experience and who have passed the required examinations are equivalent to those who must meet the current entry requirements. The board found that five years of experience adequately protected the health, safety, and welfare of the public, without the overly burdensome requirement of forcing grandfathered licensees to complete unnecessary training.

The existing regulations are limited by restricting grandfathered practitioners with expired licenses from applying for a new license without acquiring additional training. Few individuals receiving their initial license during grandfathering provisions are eligible to qualify for a new license after the reinstatement period. To obtain licensure, the practitioner must complete additional training or education.

Rationale for Using Fast-Track Rulemaking Process: The proposed amendments are expected to be noncontroversial as they would resolve many of the complaints from practitioners licensed by grandfathered clauses. Currently, individuals who were originally licensed under a grandfathering provision are required to meet entry requirements if their license expires. Meeting current entry requirements would require additional training in a school or an apprenticeship in order to qualify for the license examination. As a result, the practitioner would be required to take numerous hours of training they may have already received. However, non-grandfathered license holders who hold expired licenses are permitted to retake the examination without acquiring additional training, which in effect puts a greater burden on individuals who have been practicing longer. The amendments are also expected to be noncontroversial because they reduce the regulatory burden for applicants without disrupting the protection of the health, safety, and welfare of the public. The amendments accomplish this by enabling those licensed under a grandfather clause who have expired to retake the examination after demonstrating five years of work experience. These individuals can swiftly reenter the profession without completing additional training.

Substance: 18 VAC41-20-180 B is amended to provide that an individual who was initially licensed as a barber, registered professional hair dresser (cosmetologist), or wax technician under an applicable examination exemption whose license is expired and no longer eligible for reinstatement may resume practice by submitting a new application showing the individual met the grandfathering provision, demonstrating five years of experience as a licensee, and passing the required examination. Similarly, an individual who was initially licensed as a nail technician under an applicable exemption from training requirements may resume practice by submitting a new application showing the individual met the grandfathering provision, demonstrating five years of experience as a licensee, and passing the required examination.

Section 54.1-703.1 of the Code of Virginia provides the grandfathering provision for a wax technician. The grandfathering provisions for barbers, cosmetologists, and nail technicians are no longer in either the Code of Virginia or Virginia Administrative Code. The amendment reflects the substance of the grandfathering provisions for these occupations.

18 VAC41-50-180 B is amended to provide that an individual who was granted initial licensure under the examination exemption in 18VAC41-50-20 A 6 whose license is expired and no longer eligible for reinstatement may resume practice by submitting a new application showing the individual met the grandfathering provision, demonstrating five years of experience as a licensee, and passing the required examination.

18VAC 41-60-140 B is amended to provide that an individual who was granted initial licensure under the examination exemption in 18VAC41-60-20 A 6 whose license is expired and no longer eligible for reinstatement may resume practice by submitting a new application showing the individual met the grandfathering provision, demonstrating five years of experience as a licensee, and passing the required examination.

18VAC 41-70-160 B is amended to provide that an individual who was granted initial licensure under the examination exemption in § 54.1-703.3 of the Code of Virginia whose license is expired and no longer eligible for reinstatement may resume practice by submitting a new application showing the individual met the grandfathering provision, demonstrating five years of experience as a licensee, and passing the required examination.

Issues: The primary advantage to the public is the economic opportunity it provides by allowing grandfathered practitioners with lapsed licenses to retake the examination after providing documentation of five years of work experience. Currently, most grandfathered individuals with lapsed licenses have to restart their training, which results in an economic loss from tuition and lost earnings due to the extra time spent repeating completed training. The modified regulations protect the health, safety, and welfare of the public while expanding economic benefits to individuals granted licensure under grandfathered provisions. Small businesses can benefit from hiring licensees returning to the workplace after fulfilling board requirements. There are no disadvantages to businesses and the public. There are no advantages or disadvantages to the agency or Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 19. The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. Individuals who are licensed by the Board for Barbers and Cosmetology (Board) under a grandfathering provision, and who fail to renew their license within two years of its expiration, must apply for a new license and meet all current licensure requirements. The Board seeks to amend these requirements to let grandfathered licensees obtain a new license by demonstrating five years of experience instead of obtaining additional training.

Background. Four of the Board's regulations contain the requirements for licensees who fail to renew their license within 30 days following its expiration date (i.e., 18VAC41-20-180, 18VAC41-50-180, 18VAC41-60-140, and18VAC41-70-160, all titled "Failure to renew").² These regulations state that licensees may apply to have their license "reinstated" within two years following the expiration date. To do so, they must submit a reinstatement application and renewal fee and reinstatement fee to the Department of Professional and Occupational Regulation (DPOR). However, all four regulations also state that reinstatement is no longer possible if the licensee "fails to renew the license within two years following the expiration date." Once the license has lapsed, the former licensee must apply for licensure (or certification) as a new applicant and meet all current entry requirements for each respective license (or certificate), including training and taking any necessary examinations.

As new training requirements have been added over the years, some licensees have been "grandfathered" to exempt them from the new requirements and thereby prevent them from having to incur additional training costs; these grandfathering provisions are intended to reduce barriers to entry into the profession. However, as stated above, these licensees would have to meet current entry requirements if they wish to re-activate a lapsed license. DPOR reports that, "Meeting entry requirements requires additional training in a school or an apprenticeship. As a result, the practitioner is required to repeat numerous hours of training material they have already received training on."³ At the same time, non-grandfathered license holders who wish to re-activate a lapsed license are permitted to simply pay the application fees and retake the examination without acquiring additional training. This implicitly places a greater burden on individuals who have been practicing longer.

Thus, the Board seeks to ease the requirements for individuals licensed under grandfathering provisions who wish to re-activate a lapsed license. In doing so, the Board would be addressing several complaints received from grandfathered practitioners who, after allowing their licenses to lapse, sought to re-activate their license but were told they first had to receive training. The proposed changes would allow individuals licensed under a grandfathering provision to submit a new application showing that they meet the requirements based on the grandfathering provisions, demonstrate five years of licensed experience, and pass required examinations. Thus, individuals licensed under a grandfathering agreement would be able to avoid undertaking additional training hours and/or apprenticeships by instead demonstrating that they have five years of work experience. The specific grandfathering provisions that would be covered under each chapter are listed.

(i) 18VAC41-20-180: The proposed changes would add grandfathering provisions as found in section 54.1-703.1 of the Code of Virginia (Code), which contains provisions for wax technicians.⁴ The proposed changes would also add three references to grandfathering provisions that no longer exist in the Code and are cited incorrectly. They currently appear in the text as "§ 54-83.2.b of the Code of Virginia (1987), § 54-112.15 of the Code of Virginia (1970), § 54.1-2.3 B of the Code of Virginia (1992)." The agency reports that it is working with the Registrar to update and correct the citations to the grandfathering provisions.

(ii) 18VAC41-50-180: The proposed changes would add grandfathering provisions as found in 18VAC41-50-20 A 6.⁵

(iii) 18 VAC 41-60-140: The proposed changes would add grandfathering provisions as found in 18VAC41-60-20 A 6.⁶

(iv) 18 VAC 41-70-140: The proposed changes would add grandfathering provisions as found in § 54.1-703.3 of the Code of Virginia.⁷

Estimated Benefits and Costs. DPOR reports that as of September 1, 2022, there are 798 licensees who obtained their license under a grandfathering provision, whose licenses have lapsed, and who would not be eligible for reinstatement. Although some of these individuals may have retired or left the profession permanently, any of them who seek to re-activate their license would benefit from the proposed changes by not having to undertake additional training. DPOR estimates that additional training fees could range from $500 to $5,000. The proposed amendments would allow individuals with lapsed licenses who were originally licensed under a grandfathering provision to avoid these costs if they wish to re-activate their license.

The proposed amendments would also benefit individuals who currently hold active licenses that were obtained under a grandfathering provision, who may, in the future, let their license lapse and subsequently seek to re-activate their license. Those individuals would also benefit from not having to incur additional training costs, which may have increased over time.

Lastly, DPOR also reports that there are approximately 1,145 salons, shops, and spas that would indirectly benefit from the proposed changes by being able to hire licensees returning to the workplace. This would be especially helpful if these businesses are currently experiencing difficulty hiring licensed professionals.

Businesses and Other Entities Affected. As mentioned previously, the proposed amendments would benefit individuals licensed under a grandfathering provision whose licenses have lapsed as well as those who may later let their license lapse. The proposed amendments would also indirectly benefit the roughly 1,145 salons, shops, and spas that may seek to employ these individuals.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁸ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. Since the proposed amendments would not result in an increase in net costs for any entity, an adverse impact is not indicated.

Small Businesses⁹ Affected.¹⁰

Types and Estimated Number of Small Businesses Affected. DPOR reports that all 1,145 salons, shops, and spas that may employ individuals impacted by the proposed changes are likely to be small businesses.

Costs and Other Effects. The proposed amendments would not create any new costs for small businesses. These businesses would benefit to the extent that the proposed changes would make it easier for them to hire experienced licensed professionals.

Alternative Method that Minimizes Adverse Impact. No adverse impact is indicated; thus, no alternatives are necessary.

Localities¹¹ Affected.¹² The proposed amendments do not disproportionally affect any particular localities or create costs for local governments.

Projected Impact on Employment. The proposed amendments are intended to reduce barriers to re-entry for certain professionals with lapsed licenses. Thus, to the extent that individuals who were licensed under a grandfathering provision choose to re-activate their license, employment in barbering, cosmetology, tattooing, body-piercing, and esthetics may increase. However, the proposed amendments are unlikely to significantly affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to affect the value of private property. Real estate development costs would not be affected.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²"Licensee" as used here includes "licensed or certified individual or business entity" in the Barbering and Cosmetology Regulations, licensed professionals or certified instructors (individuals) in the Esthetics Regulations, and licensed individuals in the other two chapters.

³See the Agency Background Document (ABD), page 3: https://townhall.virginia.gov/l/GetFile.cfm?File=134\6199\9946\AgencyStatement_DPOR_9946_v3.pdf.

⁴See https://law.lis.virginia.gov/vacode/title54.1/chapter7/section54.1-703.1/, which states that, "The Board shall waive the examination requirements for licensure as a wax technician for any individual who (i) makes application for licensure between July 1, 2002, and July 1, 2003; (ii) otherwise complies with Board regulations relating to moral turpitude; and (iii) meets any of the following conditions: 1. Has at least three years of documented work experience as a wax technician that is deemed satisfactory by the Board; 2. Has completed a training program that is deemed satisfactory by the Board; or 3. Holds an unexpired certificate of registration, certification, or license as a wax technician issued to him on the basis of comparable requirements by a proper authority of a state, territory, or possession of the United States or the District of Columbia."

⁵https://law.lis.virginia.gov/admincode/title18/agency41/chapter50/section20/ which states that, "6. Persons who (i) make application for licensure between October 1, 2006, and September 30, 2007; (ii) have completed three years of documented work experience within the preceding five years as a tattooer; and (iii) have completed a minimum of five hours of health education to include but not limited to bloodborne disease, sterilization, and aseptic techniques related to tattooing and first aid and CPR that is acceptable to the board are not required to complete subdivision 5 of this subsection."

⁶https://law.lis.virginia.gov/admincode/title18/agency41/chapter60/section20/ which states that, "6. Persons who (i) make application between April 1, 2007, and March 31, 2008; (ii) have completed three years of documented work experience within the preceding five years as a body piercer; and (iii) have completed a minimum of five hours of health education including but not limited to blood borne disease, sterilization, and aseptic techniques related to body piercing and first aid and CPR that is acceptable to the board are not required to complete subdivision 5 of this subsection."

⁷https://law.lis.virginia.gov/vacode/title54.1/chapter7/section54.1-703.3/ which states that, The Board shall waive the examination requirements for licensure as an esthetician or master esthetician for any individual who (i) makes application for licensure by July 31, 2009; (ii) otherwise complies with Board regulations relating to moral turpitude; and (iii) meets any of the following conditions: 1. Has at least three years of documented work experience as an esthetician or a master esthetician completed prior to July 1, 2008, that is deemed satisfactory by the Board; 2. Has completed a training program prior to July 1, 2008, that is deemed satisfactory by the Board; or 3. Holds an unexpired certificate of registration, certification, or license as an esthetician or a master esthetician issued to him prior to July 1, 2008, on the basis of comparable requirements by a proper authority of a state, territory, or possession of the United States, or the District of Columbia."

⁸Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁹Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

¹⁰If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹¹"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹²Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board for Barbers and Cosmetology concurs with the results of the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments allow individuals initially granted licensure under certain examination exemptions, known as grandfathering, to apply for re-licensure after allowing the license to expire by (i) submitting a new application showing the individual met the requirements of the applicable examination waiver provision, (ii) demonstrating five years of licensed experience, and (iii) passing the required examination.

18VAC41-20-180. Failure to renew.

A. When a licensed or certified individual or business entity fails to renew its license or certificate within 30 days following its expiration date, the licensee or certificate holder shall apply for reinstatement of the license or certificate by submitting to the Department of Professional and Occupational Regulation a reinstatement application and renewal fee and reinstatement fee.

B. When a licensed or certified individual or business entity fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the:

1. The former licensee or certificate holder shall apply for licensure or certification as a new applicant and shall meet all current entry requirements for each respective license or certificate.

2. An individual initially granted licensure under any of the following examination or training waiver provisions, known as grandfathering, shall submit a new application showing the individual met the requirements of the applicable examination or training waiver provision, demonstrate five years of licensed experience, and pass the required examination:

a. Any person who was exempted from examination for licensure as a barber, as such person was engaged in the practice of barbering on or before July 1, 1966, in any establishment or place of business within which the practice of barbering was carried on by only one barber, and such person filed an application with the board on or before January 1, 1967.

b. Any person exempted from examination as a registered professional hair dresser, as such person was substantially engaged as a hairdresser in Virginia for at least nine months prior to June 29, 1962, and such person filed an application satisfactory to the board on or before July 1, 1963.

c. Any person exempted from training requirements for licensure as a nail technician, as such person had experience or training as a nail technician, and such person applied to the board for examination by October 1, 1991.

d. Any person exempted from examination as a wax technician pursuant to § 54.1-703.1 of the Code of Virginia.

C. The application for reinstatement for a school shall provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-20-240 and 18VAC41-20-250 by the Department of Professional and Occupational Regulation. Pursuant to 18VAC41-20-130, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification or both. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license or certificate is applicable.

E. When a license or certificate is reinstated, the licensee or certificate holder shall be assigned an expiration date two years from the date of the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates its license or certificate shall be regarded as having been continuously licensed or certified without interruption. Therefore, a licensee or certificate holder shall be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate its license or certificate shall be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual was licensed or certified.

18VAC41-50-180. Failure to renew.

A. When a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer fails to renew his license within 30 days following its expiration date, the licensee shall meet the renewal requirements and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

B. When a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer fails to renew his license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the:

1. The former licensee shall apply for licensure as a new applicant, shall meet all current application requirements, shall pass the board's current examination, and shall receive a new license.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-50-20 A 6, shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and pass the required examination.

C. When a tattoo parlor or permanent cosmetic tattoo salon fails to renew its license within 30 days following the expiration date, it shall be required to apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

D. When a tattoo parlor or permanent cosmetic tattoo salon fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the former licensee shall apply for licensure as a new applicant and shall meet all current application requirements.

E. When a tattooing school or permanent cosmetic tattooing school fails to renew its license within 30 days following the expiration date, the licensee shall be required to apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

F. When a tattooing school or permanent cosmetic tattooing school fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the former licensee shall apply for licensure as a new applicant and shall meet all current application requirements.

G. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

H. When a license is reinstated, the licensee shall have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.

I. A licensee who reinstates his license shall be regarded as having been continuously licensed without interruption. Therefore, a licensee shall be subject to the authority of the board for activities performed prior to reinstatement.

J. A licensee who fails to reinstate his license shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.

18VAC41-60-140. Failure to renew.

A. When a body piercer or body piercer ear only fails to renew their license within 30 days following its expiration date, the licensee shall meet the renewal requirements prescribed in 18VAC41-60-130 and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

B. When a body piercer or body piercer ear only fails to renew his license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the:

1. The former body-piercer licensee shall apply for licensure as a new applicant, shall meet all current application requirements, shall pass the board's current examination, and shall receive a new license. To resume practice, the former body-piercer ear only licensee shall apply for licensure as a new applicant, shall meet all current application requirements, and shall receive a new license.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-60-20 A 6 shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and pass the required examination.

C. When a body-piercing salon or body-piercing ear only salon fails to renew its license within 30 days following the expiration date, it shall be required to apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and reinstatement fees.

D. When a body-piercing salon or body-piercing ear only salon fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the former licensee shall apply for licensure as a new applicant and shall meet all current application requirements.

E. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

F. When a license is reinstated, the licensee shall have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.

G. A licensee who reinstates his license shall be regarded as having been continuously licensed without interruption. Therefore, a licensee shall be subject to the authority of the board for activities performed prior to reinstatement.

H. A licensee who fails to reinstate his license shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual was licensed.

18VAC41-70-160. Failure to renew.

A. When a licensee fails to renew its license within 30 days following its expiration date, the licensee shall apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application and renewal fee and reinstatement fee.

B. When a licensee fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the:

1. The former licensee or certificate holder shall apply for licensure or certification as a new applicant and shall meet all current entry requirements for each respective license or certificate. Individuals applying for licensure under this section shall be eligible to apply for a temporary license from the board under 18VAC41-70-70.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to § 54.1-703.3 of the Code of Virginia shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and pass the required examination.

C. The application for reinstatement for a school shall provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-70-230 and 18VAC41-70-240. Upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or, require requalification, or both. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

E. When a license is reinstated, the licensee shall have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.

F. A licensee that reinstates its license shall be regarded as having been continuously licensed without interruption. Therefore, a licensee shall be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee that fails to reinstate its license shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual or business entity was licensed.