Title of Regulation: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-100, 18VAC50-22-140, 18VAC50-22-170, 18VAC50-22-250).

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Effective Date: April 1, 2010.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.

Summary:

This regulatory action (i) increases fees for initial licensure and license renewal and reinstatement of Class A, B, and C contractors; (ii) eliminates the water well examination as it is no longer applicable to contractors; and (iii) increases fees for a designated employee change, a qualified individual change, and the addition of a classification or specialty. Since publication of the proposed fee structure, the fees for (i) initial licensure and license renewal and reinstatement of Class A, B, and C contractors and (ii) a designated employee change, a qualified individual change, and the addition of a classification or specialty were increased further in compliance with § 54.1-113 of the Code of Virginia. In addition, the proposed $50 Virginia Transaction Recovery Fund assessment upon license renewal and reinstatement has been removed.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

18VAC50-22-100. Fees.

Each check or money order shall be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

Fee Type	When Due	Amount Due
Class C Initial License	with license application	$150 [ $200 $210 ]
Class B Initial License	with license application	$175 [ $305 $345 ]
Class A Initial License	with license application	$200 [ $330 $360 ]
Declaration of Designated Employee	with license application	$40
Qualified Individual Exam Fee	with exam application	$20
Class B Exam Fee	with exam application ($20 per section)	$40
Class A Exam Fee	with exam application ($20 per section)	$60
Water Well Exam	with exam application	$40

Note: A $25 Recovery Fund assessment is also required with each initial license application. If the applicant does not meet all requirements and does not become licensed, this assessment will be refunded. The examination fees approved by the board but administered by another governmental agency or organization shall be determined by that agency or organization.

18VAC50-22-140. Renewal fees.

Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable.

In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

Fee Type	When Due	Amount Due
Class C Renewal	with renewal application	$110 [ $175 $195 ]
Class B Renewal	with renewal application	$150 [ $200 $225 ]
Class A Renewal	with renewal application	$165 [ $225 $240 ]

[ Note: A $50 Recovery Fund assessment is also required with each renewal. ]

The date on which the renewal fee is received by the Department of Professional and Occupational Regulation or its agent shall determine whether the licensee is eligible for renewal or must apply for reinstatement.

18VAC50-22-170. Reinstatement fees.

Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

Fee Type	When Due	Amount Due
Class C Reinstatement	with reinstatement application	$260* [ $375* $405* ]
Class B Reinstatement	with reinstatement application	$325* [ $425* $460* ]
Class A Reinstatement	with reinstatement application	$365* [ $475* $490* ]
*Includes renewal fee listed in 18VAC50-22-140.

[ Note: A $50 Recovery Fund assessment is also required with reinstatement. ]

The date on which the reinstatement fee is received by the Department of Professional and Occupational Regulation or its agent shall determine whether the licensee is eligible for reinstatement or must apply for a new license and meet the entry requirements in place at the time of that application. In order to ensure that licensees are qualified to practice as contractors, no reinstatement will be permitted once one year from the expiration date of the license has passed.

18VAC50-22-250. Fees.

Each check or money order should be made payable to the Treasurer of Virginia. All fees required by the board are nonrefundable. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department:

Fee Type	When Due	Amount Due
Change of Designated Employee	with change form	$40 [ $80 $110 ]
Change of Qualified Individual	with change form	$40 [ $80 $110 ]
Addition of Classification or Specialty	with addition application	$40 [ $80 $110 ]

FORMS (18VAC50-22)

Contractor Licensing Information, 27INTRO [ (8/07) (5/09) ].

Trade-Related Examinations and Qualifications Information, 27EXINFO (8/07).

License Application, 27LIC (rev.[ 8/08) 4/10) ].

Class C License Application (Short Form), 27CSF (rev. 8/08) [ insert date) 4/10) ].

Additional License Classification/Specialty Designation Application, 27ADDCL (rev. 8/07) [ insert date) 4/10) ].

Change of Qualified Individual Application, 27CHQI (rev. 8/07) [ insert date) 4/10) ].

Change of Designated Employee Application, 27CHDE (rev. 8/07) [ insert date) 4/10) ].

Changes of Responsible Management Form, 27CHRM (eff. 8/07).

Experience Reference, 27EXP (8/07).

Certificate of License Termination, 27TERM [ (8/07) (5/09) ].

[ Education Provider Registration/Course Approval, 27CONTEDREG (eff. 4/08).

Education Provider Registration/Course Approval Application; Contractors Prelicense and Continuing Education, 27EDREG (rev. 6/09). ]

Education Provider Listing Form, 27EDLIST [ (eff. 4/08) (5/09) ].

Financial Statement, 27FINST [ (eff. 8/07) (5/09) ].

Additional Qualified Individual Experience Reference Form, 27QIEXP [ (eff. 8/07) (5/09) ].