TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Proposed Regulation

Title of Regulation: 18VAC155-20. Waste Management Facility Operators Regulations (amending 18VAC155-20-10, 18VAC155-20-40, 18VAC155-20-50, 18VAC155-20-110 through 18VAC155-20-190, 18VAC155-20-210 through 18VAC155-20-285).

Statutory Authority: §§ 54.1-201 and 54.1-2211 of the Code of Virginia.

Public Hearing Information:

September 3, 2024 - 2:30 p.m. - Department of Health Professions, 9960 Mayland Drive, Second Floor Conference Center, Board Room 2, Richmond, VA 23233.

Public Comment Deadline: October 11, 2024.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Waste Management Facility Operators to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system. Section 54.1-2211 A of the Code of Virginia states that the board shall promulgate regulations and standards for the training and licensing of waste management facility operators.

Purpose: The General Assembly has charged the board with the responsibility for regulating those who engage in the operation of waste management facilities by requiring that such individuals obtain the appropriate licensure and training. Waste management facilities are used for planned treatment, storage, or disposal of nonhazardous solid waste. The operating of waste management facilities by those who lack sufficient expertise poses a risk to the public health, safety, and welfare. These risks include the potential for environmental damage.

As mandated by the General Assembly, the board protects the public health, safety, and welfare, in part, by establishing through regulation the minimum qualifications for entry into the profession.

Substance: 18VAC155-20-10, the definitions section, is significantly revised to clarify the meaning of Class I, Class II, Class III, and Class IV licenses and to make the scope of licensure consistent with the types of facilities regulated by the Department of Environmental Quality (DEQ). Several definitions are removed as they are not used in the regulation or are no longer necessary.

18VAC115-20-110 is revised make the section clearer and in alignment with current DEQ regulations.

18VAC115-20-120 is revised to reduce the experience required to qualify for licensure.

18VAC115-20-120 is also revised to reduce the stringency of the disclosure requirement for an applicant's prior criminal history.

18VAC115-20-130 is revised to remove a duplicative provision located in section 18VAC115-20-280.

18VAC115-20-160 is revised reduce the hours of continuing education required for renewal of a license.

18VAC115-20-230 and 18VAC115-20-235 are revised to reduce the record retention period for providers of board-approved education courses.

18VAC115-20-280 is revised to eliminate a provision that bars an individual whose license is revoked from reapplying for licensure for one year.

18VAC115-20-285 is revised to provide a clearer and more objective standard for disciplinary action in cases where a licensee has committed a violation that resulted in harm or the threat of imminent and substantial harm to human health or the environment.

Issues: The primary advantages to the public and the regulated community are that the amendments will (i) reduce the stringency of entry qualifications for licensure while ensuring minimum competency and protection of the health, safety, and welfare of the public; (ii) allow for more individuals to enter the profession sooner; (iii) reduce the burden of continuing education requirements for individuals to renew licenses, while still ensuring licensees receive training to remain minimally competent; (iv) remove other regulatory burdens that are not necessary to protect the health, safety, and welfare of the public; (v) provide needed updating and clarification to the regulation; and (vi) ensure the regulation complements current Virginia law, is clearly written and understandable, and reflects current agency procedures. There are no identifiable disadvantages to the public or the Commonwealth. It is not anticipated that the regulatory change will create any substantial disadvantages to the regulated community.

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 and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. Pursuant to Executive Directive Number One (2022), the Board for Waste Management Facility Operators (board) proposes to (i) reduce the duration of the experience required for entry into the profession from one year to six months, (ii) reduce the continuing education requirement from eight hours to six hours, (iii) reduce the record retention period for providers of education courses from 10 years to five years, (iv) limit the look-back period for criminal convictions that must be disclosed to three years for any non-marijuana related misdemeanors and 10 years for felonies, (v) eliminate the one-year waiting period for relicensure following a revocation, and (vi) make numerous editorial changes to improve the clarity of the regulatory language.

Background. This regulation applies to those who engage in the operation of waste management facilities and establishes that such individuals obtain the appropriate licensure and training. Waste management facilities are used for planned treatment, storage, or disposal of nonhazardous solid waste. According to the board, the operation of waste management facilities by those who lack sufficient expertise poses a risk to the public health, safety, and welfare. These risks include the potential for environmental damage. As such, the rules in this regulation protect the public health, safety, and welfare, in part, by establishing the minimum qualifications for entry into the profession.

The impetus for this action is Executive Directive Number One (2022), which directs Executive Branch entities under the authority of the Governor "to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth."²

Consistent with the directive, the board proposes to reduce the duration of the experience required for entry into the profession from one year to six months; reduce the continuing education requirement from eight hours every two years to six hours every two years; reduce the record retention period for providers of education courses from 10 years to five years; limit the look-back period for criminal convictions that must be disclosed from an unlimited period of time (i.e., all convictions must be disclosed) to only requiring disclosure of non-marijuana related misdemeanors that occurred in the last three years, and felonies that occurred in the last 10 years; eliminate the one-year waiting period for relicensure following a revocation, thereby allowing the applicant to immediately reapply for licensure if all other requirements are met; and make numerous editorial changes to improve the clarity of the regulatory language.

Estimated Benefits and Costs. One of the proposed changes would reduce the minimum required amount of verified experience from one year to six months. This change could potentially allow individuals to enter the profession as much as six months earlier than currently allowed in the regulation, contingent upon passing the license examination. Such individuals may be able to earn income as a licensed professional more quickly than before.

The board reports that on average, it approves about 70 individuals per year to sit for the license examination. Such individuals must meet the training and experience requirements in the regulation in order to qualify for the examination. The board estimates that the reduced experience requirement would result in a 25% increase per year in the number of individuals who would be approved for the license examination (equating to approximately 18 additional individuals per year). The median monthly salary for a licensed waste management worker is $3,640.³ Assuming that the same individual without a license could earn the $12 per hour minimum wage⁴ at another job and using 1,760 hours per year as constituting full-time employment per the board, the individual's monthly compensation would be $1,760. Thus, the monthly value of having the license could be estimated to be $1,880 or $11,280 over a period of six months. Considering the median monthly wage of $3,640 per month may be on the high end for a newly licensed professional, the total benefit in terms of higher earning capacity for all 18 additional licensed individuals could be up to $203,040.

Another proposed change would reduce the required continuing education hours from eight per license renewal cycle (every two years) to six, allowing licensees to save two hours of time biennially. The board reports that as of April 10, 2024, there were 615 licensed waste management facility operators; this translates to a time savings of 1,230 hours for all licensees per biennium, or 615 hours each year. The estimated value of 615 hours per year using the implied hourly wage of $24.82 (i.e., $3,640 * 12 months/1,760 hours) is $15,263. The board reports that most employers in this industry pay for the costs associated with obtaining and maintaining the licenses held by their employees and that most continuing education classes are provided by employers, non-profit organizations, or training providers at no cost. Thus, no savings in continuing education course charges are expected, but some providers may enjoy an additional 615 hours of productive time if their policy is to allow their employees to complete continuing education on company time.

The proposal also includes other reductions in regulatory burdens. For continuing education course providers, these include reduced recordkeeping costs from having to retain course participant records for only five years as opposed to 10 years. Additionally, waste management employees may directly benefit from not having to disclose any felony prior to the last 10 years and any non-marijuana misdemeanor prior to the last three years. This change reduces the stringency of the regulation and would allow individuals with older criminal histories to qualify for licensure. It may also indirectly benefit employers in this industry by expanding the pool of qualified employees. Similarly, the proposed change that would remove the one-year waiting period for relicensure following the revocation of a license would allow such individuals to immediately apply as a new applicant if they meet the other entry requirements without having to wait for a year; this may benefit the employee and employer (or a prospective employer) should a license revocation occur. However, the board reports that revocation of a license is highly infrequent in this profession as there have not been any revocations as far back as the staff can remember. The remaining changes are editorial in nature and are expected to improve the clarity and understandability of the regulatory language.

Businesses and Other Entities Affected. According to the board, as of April 10, 2024, there were 615 waste management facility operators. No operator appears to be disproportionately affected.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁶ As noted, the proposal would provide direct benefits to waste management operators and indirect benefits to employers. Thus, no adverse impact is indicated.

Small Businesses⁷ Affected.⁸ According to the board, licenses issued under this regulation are issued to individuals and not to business entities. However, many licensees are likely employees of business entities that meet the definition of "small business" in § 2.2-4007.1 of the Code of Virginia, although the proposed amendments do not adversely affect any entity, including small businesses.

Localities⁹ Affected.¹⁰ The board reports that many waste management facilities are owned or operated by localities. Facility owners may provide their licensed operators with continuing education training. Such facility owners would likely benefit from the reduced record retention requirement in terms of facing lower costs associated with keeping records. The proposed amendments do not introduce costs for local governments.

Projected Impact on Employment. The projected impact on total employment is likely mixed. The proposed changes would allow potential licensees earn higher wages sooner. However, new licensees would likely quit other jobs to become licensed. The net impact on total employment largely depends on new persons entering the labor force to replace the workers who would become licensed waste management operators. Thus, the impact on total employment is not clear.

Effects on the Use and Value of Private Property. No direct effect on the use and value of private property nor on real estate development costs is expected.

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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 https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ Source: The board.

⁴ Source: https://www.dol.gov/agencies/whd/minimum-wage/state.

⁵ Pursuant 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.

⁶ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁷ Pursuant 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."

⁸ If 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.

⁹ "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.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board for Waste Management Facility Operators concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) reduce the duration of the experience required for entry into the profession from one year to six months; (ii) reduce the continuing education requirement from eight hours to six hours; (iii) reduce the record retention period for providers of education courses from 10 years to five years; (iv) limit the look-back period for criminal convictions that must be disclosed to three years for any non-marijuana related misdemeanors and 10 years for felonies; (v) eliminate the one-year waiting period for relicensure following a revocation; and (vi) make numerous editorial changes to improve clarity.

18VAC155-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board for Waste Management Facility Operators.

"Class I license" means the authorization from the board to act as a waste management facility operator of a transfer station, a material recovery facility receiving mixed waste, an experimental facility, or a composting facility, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit.

"Class II license" means the authorization from the board to act as a waste management facility operator of a sanitary landfill, an industrial landfill, a construction landfill, or a debris construction/demolition/debris (CDD) landfill.

"Class III license" means the authorization from the board to act as a waste management facility operator of an infectious waste incinerator or autoclave a regulated medical waste management facility.

"Class IV license" means the authorization from the board to act as a waste management facility operator of a municipal waste combustor combustion unit, a waste-to-energy facility, or an incineration facility.

"Contact hour" means 50 minutes of participation in a group program or 60 minutes of completion time for a project.

"Department" means the Department of Professional and Occupational Regulation.

"Full-time employment" means 1,760 hours per year or 220 work days per year.

"License" means an authorization issued by the board to an individual to practice as a waste management facility operator who meets the provisions of this chapter.

"Municipal solid waste" means that waste that is defined as "municipal solid waste" in 9VAC20-81-10.

"Municipal waste combustor" means a mass burn or a refuse derived fuel incinerator or facility designed or modified for the purpose of noninfectious solid waste combustion.

"Operation" means any waste management facility that is under construction, treating, processing, storing, or disposing of solid waste, or in the act of securing a facility for closure as defined in 9VAC20-81-10.

"Organized program" means a formal learning process designed to permit a participant to learn a given subject or subjects through interaction with an instructor in a formal course, seminar or conference as approved by the board.

"Owner" means the person who owns a solid waste management facility or part of a solid waste management facility.

"Solid waste" means any of those materials identified defined as nonhazardous solid waste in 9VAC20-81-95.

18VAC155-20-40. Fees.

A. All fees are nonrefundable and shall will not be prorated.

B. An application shall is not be deemed complete and shall will not be processed without the required fee.

1. The application fee for licensure shall be is $75.

2. The fee for renewal of licensure shall be is $50.

3. The fee for late renewal of licensure shall be is $75.

4. The fee for reinstatement of licensure shall be is $125.

5. The examination fee is charged to the applicant by an outside vendor competitively negotiated and contracted 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 applicant in accordance with this contract.

C. All checks shall must be made payable to the Treasurer of Virginia.

D. Receipt and deposit of fees submitted with applications do not indicate licensure.

18VAC155-20-50. Change of status.

A. Each licensee shall must provide written notification of any change of address to the department within 30 days.

B. Each licensee shall must provide written notification and proof of any change of name to the department within 30 days.

C. The license issued by the board shall will not be transferred or otherwise reassigned.

18VAC155-20-110. License classification.

A. The applicant shall must apply for at least one classification of license as outlined in this subsection:

1. An individual operating a facility that is defined in 9VAC20-81-10 regulated under Solid Waste Management Regulations (9VAC20-81), as a transfer station, a materials recovery facility receiving mixed waste, an experimental facility, or a composting facility shall, a centralized waste treatment facility, a surface impoundment or lagoon, a waste pile, a remediation waste management unit, or a miscellaneous unit must hold a Class I license. An individual who has obtained a Class II, III, or IV license may also operate a facility listed under Class I.

2. An individual operating a facility that is defined in 9VAC20-81-10 as a sanitary landfill, industrial waste landfill, or construction/demolition/debris (CDD) landfill, shall must hold a Class II license.

3. An individual operating a facility regulated under 9VAC20-120, Regulated Medical Waste Management Regulations (9VAC20-121), shall must hold a Class III license.

4. An individual operating a facility defined in 9VAC5-40-6560 as a municipal waste combustion unit shall or a facility regulated under 9VAC20-81 as a waste-to-energy facility or incineration facility must hold a Class IV license.

B. A licensee may not operate a facility outside of his the licensee's classification other than that defined by subdivision A 1 of this section.

C. An individual operating a solid waste management facility that has been issued a permit by the Department of Environmental Quality but for which the board has not established training and licensure requirements shall hold a Class I license until the board establishes the training and licensing requirements by regulation.

18VAC155-20-120. Qualifications for licensure.

A. Every applicant to the Board for Waste Management Facility Operators for licensure shall must meet the requirements and have the qualifications provided in this subsection.

1. The applicant shall must be at least 18 years of age.

2. Unless otherwise exempt, the applicant shall must have successfully completed a basic training course approved by the board. Additionally, an applicant for a Class II, III, or IV license shall must complete a training course approved by the board specific to the license for which he the individual applies.

3. Unless exempt, the applicant shall must have passed the applicable examination provided by the board or by a testing organization acting on behalf of the board.

4. Each applicant shall must document a minimum of one year six months of verified operational experience with a waste management facility of the same class for which he the individual applies. Experience claimed on the application for licensure shall must be verified by the individual's supervisor or personnel officer. Individuals who are under contract with a facility owner may obtain a letter from the facility owner to verify experience.

5. Applicants certified or licensed as waste management facility operators by governing bodies outside of the Commonwealth of Virginia shall be are considered to be in compliance with this chapter if the board or its the board's designee has determined the certifying system to be substantially equivalent to the Virginia system.

6. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose a conviction, in any jurisdiction, of any non-marijuana misdemeanor within the last three years or felony within the last 10 years. Any plea of nolo contendere shall be considered a conviction for the purpose of this subdivision. The record of conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

7. The applicant shall must report suspensions, revocations, or surrendering surrender of a certificate or license in connection with a disciplinary action. The applicant shall must report if a license has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on prior suspensions, revocations, or surrender of certifications or licenses based on disciplinary action by any jurisdiction.

B. The board may make further inquiries and investigations with respect to the qualifications of the applicant.

18VAC155-20-130. Application procedures.

Application shall must be made on forms supplied by the department, and application forms shall must be completed in accordance with the instructions on the forms. Failure to provide a complete application and all applicable addenda may result in a denial of approval the application. The failure to provide complete information may be interpreted as misrepresentation and may result in disciplinary action as described in 18VAC155-20-280.

18VAC155-20-140. Examinations.

A. Applicants will be approved to sit for the examination for licensure once all training and experience requirements have been satisfied and documentation pertaining to all other qualifications has been received by the board.

B. An applicant must follow all rules established by the board or by the testing service acting on behalf of the board with regard to the conduct at the examination site. Such rules shall include any written instructions communicated prior to the examination date and any oral or written instructions given at the site on the date of the exam.

18VAC155-20-160. Procedures for renewal.

A. Licenses issued under this chapter shall expire two years from the last day of the month in which they were the license was issued as indicated on the license.

B. The board will mail a renewal notice to the licensee at the address on file with the board outlining the fee and procedures for license renewal. Failure to receive written notice from the department does not relieve the licensee from the requirement to renew his the license. If the license holder fails to receive the renewal notice, a copy of the license may be submitted with evidence of completion of the continuing education requirements and the appropriate fee.

C. The date the required fee is received by the department or its the department's agent will be used to determine whether a penalty fee or the requirement for reinstatement of a license is applicable.

D. As a condition of renewal or reinstatement, all individuals holding a license shall be required to must satisfactorily complete eight six hours of continuing education from a provider approved by the board in accordance with the provisions of this chapter, except that no continuing education shall be is required for the first renewal after the issuance of the initial license to an individual.

18VAC155-20-180. Late renewal.

If the renewal fee, as provided for in 18VAC155-20-40 B 2, is not received by the department within 30 days after the expiration date noted on the license, the late renewal fee provided for in 18VAC155-20-40 B 3 shall be is required.

18VAC155-20-190. Reinstatements.

If the licensee fails to renew his the license within six months following the expiration date, the licensee shall will be required to apply for reinstatement of the license. The applicant will be required to present reasons that the license was allowed to expire, and the board may grant reinstatement of the license or require requalification or reexamination or both. The application fee for reinstatement of a license shall will be the amount provided for in 18VAC155-20-40 B 4. An individual who has not been reinstated within two years after expiration of the license must reapply as a new applicant. The new applicant shall must provide evidence of satisfactory completion of the training course(s) course required by this chapter and shall pass the examination as determined by the board.

18VAC155-20-210. Status of licensure during the period prior to reinstatement.

A. Reinstated licenses shall will continue to have the same license number and shall will be assigned an expiration date two years from the previous expiration date of the license.

B. Reinstated licenses shall be are regarded as having been continuously licensed without interruption. Therefore, the holder of the reinstated license shall will remain under the disciplinary authority of the board during this entire period and may be held accountable for his any activities during this period.

C. Licenses which that are not renewed or reinstated shall be are regarded as expired from the date of the expiration forward.

D. Nothing in this chapter shall divest divests the board of its authority to take disciplinary action for a violation of the law or regulations during the period of time for which an individual was licensed.

18VAC155-20-220. Education courses.

A. All training and continuing education courses must be completed through accredited colleges, universities, junior and community colleges, Virginia Apprenticeship Council programs, proprietary schools approved by the Virginia Department of Education, or other programs approved by the board.

B. All courses for which credit for pre-license education is sought shall must be related to the operation of the class of waste management facility for which the course is being offered and shall must be approved by the board.

C. All courses for which credit for continuing education is sought shall must be related to the operation of the class of waste management facility for which the course is being offered and may be reviewed by the board.

D. Each provider of a pre-license education course or person submitting a course for continuing education credit shall must submit an application for approval on a form provided by the board. The application shall must include, but is not limited to:

1. The name of the provider;

2. Provider contact person, address, and telephone number;

3. Course contact hours;

4. Schedule of courses, if established, including dates, times, and locations;

5. Course syllabus; and

6. Instructor information, including name, license number if applicable, education and training background, and a list of other appropriate trade designations or training certifications.

18VAC155-20-230. Training records.

An approved training provider shall must retain records for all participants for a period of 10 five years and shall maintain a written policy on the retention and release of records. All records pertaining to the approved training and participants shall must be made available to the board immediately upon request.

18VAC155-20-235. Denial or withdrawal of approval.

The board may deny or withdraw the approval of any training or continuing education course for the following reasons:

1. Courses being offered no longer meet the standards established by the board;

2. The course provider, through an agent or otherwise, advertises its services in a fraudulent or deceptive way;

3. The course provider, instructor, or designee of the provider falsifies any information relating to the application for approval, course information, or student records or fails to produce records required by the Board for Waste Management Facility Operators board; or

4. The course provider fails to maintain student course completion records for a minimum of 10 five years.

18VAC155-20-280. Grounds for denial of application, denial of renewal, or discipline.

A. The board shall have the authority to may (i) deny an application for and to deny renewal of a license or training course approval, (ii) revoke or suspend the a license or training course approval, and (iii) discipline a licensee or an approved training provider who is found to be in violation of the statutes or regulations governing the practice of licensed waste management facility operators.

B. Any individual whose license is revoked under this section shall not be eligible to apply for licensure for a period of one year from the effective date of the final order of revocation. After the one-year period, the individual shall must meet all education, examination, experience, and training requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board shall will conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC155-20-285. Prohibited acts.

Any of the following are cause for disciplinary action:

1. Violating or inducing another to violate any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 22.1 (§ 54.1-2209 et seq.) of Title 54.1 of the Code of Virginia, or any provision of this chapter.

2. Obtaining or renewing a license through fraudulent means or misrepresentation.

3. Having been found guilty by the board, an administrative body, or by a court of any material misrepresentation in the course of performing his operating duties.

4. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of jurisdiction, of any felony or any violation that 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 of 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.

5. Failing to inform the board in writing within 30 days of pleading guilty to, pleading nolo contendere to, being convicted of, or being found guilty of (i) any felony or (ii) any violation that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

6. Gross negligence, or a continued pattern of incompetence, in the practice of a waste management facility operator.

7. Violating the permit conditions for the facility, or violating federal, state, or local laws or regulations, which resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

8. Failure to comply with all rules established by the board and the testing organization with regard to conduct at the examination.