Title of Regulation: 18VAC10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations (amending 18VAC10-20-670, 18VAC10-20-680, 18VAC10-20-790; adding 18VAC10-20-683, 18VAC10-20-687).

Statutory Authority: §§ 54.1-201, 54.1-404 and 54.1-404.2 of the Code of Virginia.

Effective Date: April 1, 2009.

Agency Contact: Kathleen Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (804) 527-4294, or email apelscidla@dpor.virginia.gov.

Summary:

The amendments establish a continuing education program to require the equivalent of 16 hours per biennium of approved continuing education activities for the renewal or reinstatement of architect, professional engineer, and land surveyor licenses. The changes are intended to fulfill the requirements of Chapter 683 of the 2006 Acts of Assembly.

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.

Part XI
Renewal and Reinstatement

18VAC10-20-670. Expiration and renewal.

A. Prior to the expiration date shown on the license, certificate or registration, licenses, certificates or registrations shall be renewed for a two-year period upon completion of a renewal application and payment of a fee established by the board. An applicant must certify continued compliance with the Standards of Practice and Conduct as established by the board. Registrations for professional corporations, professional limited liability companies and business entities shall expire on December 31 of each odd-numbered year. Branch office registrations expire the last day of February of each even-numbered year. If the renewal fee for a branch office is not received by the board within 30 days following the expiration date noted on the registration, a reinstatement fee of $25 will be required in addition to the renewal fee. Branch offices may not renew until the main office registration is properly renewed.

B. Failure to receive a renewal notice and application shall not relieve the regulant of the responsibility to renew. If the regulant fails to receive the renewal notice, a copy of the license, certificate or registration may be submitted with the required fee as an application for renewal, accompanied by a signed statement indicating that the applicant continues to comply with the Standards of Practice and Conduct of the board under whose authority the license, certificate or registration is issued.

C. By submitting the renewal fee, an applicant for renewal is certifying continued compliance with the Standards of Practice and Conduct as established by the board. In addition, by submitting the renewal fee, applicants to renew a license are certifying that they comply with the continuing education requirements as contained in this chapter.

D. Board discretion to deny renewal. The board may deny renewal of a license, certificate or registration for the same reasons as it may refuse initial licensure, certification or registration or discipline a regulant or for noncompliance with the continuing education requirements as contained in this chapter.

D. E. If the renewal fee is not received by the board within 30 days following the expiration date noted on the license, certificate or registration, a late renewal fee equal to the regular fee plus $25 shall be required, unless a reinstatement fee is otherwise noted.

18VAC10-20-680. Reinstatement.

A. If the license, certificate or registration has expired for six months or more, but less than five years, the regulant shall be required to submit a reinstatement application, which shall be evaluated by the board to determine if the applicant meets the renewal requirements. In addition, a reinstatement fee equal to the regular renewal fee plus $100 shall be required. In addition, individual license holders applying for reinstatement are required to provide evidence of compliance with the continuing education requirements as contained in this chapter.

B. If the license, certificate or registration has expired for five years or more, an application for reinstatement shall be required, which shall be evaluated by the board to determine if the applicant remains qualified to be a regulant of the board, and a reinstatement fee equal to the regular renewal fee plus $250 shall be submitted. In addition, the board may require an individual applicant to submit to an examination. In addition, individual license holders applying for resintatement are required to provide evidence of compliance with the continuing education requirements as contained in this chapter.

C. Board discretion to deny reinstatement. The board may deny reinstatement of a license, certificate or registration for the same reasons as it may refuse initial licensure, certification or registration or discipline a regulant or for noncompliance with the continuing education requirements as contained in this chapter.

D. The date the renewal application and fee are received in the office of the board shall determine whether a license, certificate or registration shall be renewed without late renewal or reinstatement, or shall be subject to reinstatement application procedures.

E. A license, certificate or registration that is reinstated shall be regarded as having been continuously licensed, certified or registered without interruption. Therefore, the license, certificate or registration holder who is not subject to the licensure for life provisions of § 54.1-405 of the Code of Virginia shall remain under the disciplinary authority of the board during the entire period and shall be accountable for his activities during the period. A license, certificate or registration that is not reinstated and is not subject to the licensure for life provisions of § 54.1-405 of the Code of Virginia shall be regarded as unlicensed, uncertified or unregistered from the expiration date forward. Nothing in this chapter shall divest the board of its authority to discipline a license, certificate or registration holder for a violation of the law or regulation during the period of time for which the regulant was licensed, certified or registered.

18VAC10-20-683. Continuing education requirements for renewal or reinstatement.

A. Individuals whose licenses expire or who apply to reinstate after (insert date - 12 months after the effective date of these regulations) shall be required to comply with the continuing education provisions of this chapter.

B. Individuals are required to complete at least 16 continuing education credit hours of [ board- ] approved continuing education activities for any license renewal or reinstatement.

C. Continuing education activities shall be deemed to be approved provided the following criteria are met:

1. Content and subject matter. Continuing education activities must be related to practice of the profession of the license being renewed, have a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the licensee's area of practice as defined in Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia. The required continuing education credit hours may be in areas related to business practices, including project management, risk management, and ethics, which have demonstrated relevance to the licensee's area of practice as defined in Chapter 4 of Title 54.1 of the Code of Virginia.

2. Curriculum. The curriculum of the continuing education activity must be consistent with the purpose and objective of the continuing education activity.

3. Sponsors and instructors. Sponsors of continuing education activities must have sufficient resources to provide the continuing education activity and documentation of completion of the continuing education activity to those individuals who successfully complete the continuing education activity. Course instructors must be competent in the subject being taught, either by education or experience.

4. Methods of instruction for continuing education courses. The method of instruction must be consistent with the purpose and objective of the continuing education activity.

5. Computation of credit.

a. Fifty contact minutes shall equal one continuing education credit hour. For a continuing education course or activity in which individual segments are less than 50 minutes, the sum of the segments shall be totaled for computation of continuing education credit hours for that continuing education course or activity.

b. The sponsor of the continuing education activity must have predetermined the number of continuing education credit hours that an activity shall take to complete. A licensee cannot claim credit for more than the predetermined number of continuing education credit hours if the licensee took more than the predetermined number of hours to complete the continuing education activity.

c. One semester credit hour of approved college credit shall equal 15 continuing education credit hours and one quarter credit hour of approved college credit shall equal 10 continuing education credit hours.

d. For self-directed continuing education activity, there must be an assessment by the sponsor at the conclusion of the activity to verify that the individual has achieved the purpose and objective of the continuing education activity; credit will not be awarded if the individual has not successfully achieved the purpose and objective of the continuing education activity based upon the results of the assessment.

e. A licensee may be granted credit for the initial development or substantial updating of a continuing education activity or his initial teaching of a course that otherwise meets the requirements of this chapter at twice the amount of credit that students of the course or activity would receive. Additional credit for subsequent offerings of the course or activity with the same content will not be permitted.

f. A licensee will not receive credit for completing the same continuing education activity with the same content more than once during the license period immediately prior to the expiration date of the license for renewal or during the two years immediately prior to the date of receipt of a complete reinstatement application.

D. 1. Only continuing education activities completed during the license period immediately prior to the expiration date of the license shall be acceptable in order to renew the license. Continuing education activities utilized to satisfy the continuing education requirements to renew a license shall be valid only for that renewal and shall not be accepted for any subsequent renewal cycles or reinstatement of that license.

2. Individuals shall maintain records of completion of continuing education activities that comply with the requirements of this chapter for three years from the date of expiration of the license for which the continuing education activities are being used to renew the license. Individuals shall provide such records to the board or its duly authorized agents upon request.

E. Notwithstanding the provisions of subsection D of this section, continuing education activities completed during a licensing renewal cycle to satisfy the continuing education requirements of the preceding licensing renewal cycle shall be valid only for that preceding license renewal cycle and shall not be accepted for any subsequent renewal cycles or reinstatement.

F. 1. Each individual license holder applying for reinstatement shall provide, as part of his reinstatement application, evidence of compliance with the continuing education requirements of this chapter. The completion date of continuing education activities submitted in support of a reinstatement application shall not be more than two years old as of the date a complete reinstatement application is received by the board.

2. Continuing education activities utilized to satisfy the continuing education requirements in order to reinstate a license shall be valid only for that reinstatement and shall not be accepted for any subsequent renewal cycles or reinstatement.

G. Periodically, the board may conduct a random audit of its licensees who have applied for renewal to determine compliance. Licensees who are selected for audit shall provide all documentation of all continuing education activities utilized to renew their license within 21 calendar days of receiving notification of audit.

18VAC10-20-687. Exemptions and waivers.

Pursuant to § 54.1-404.2 of the Code of Virginia, the board may grant exemptions or waive or reduce the number of continuing education activities required in cases of certified illness or undue hardship. However, such exemptions, waivers, or reductions shall not relieve the individual of their obligation to comply with any other requirements of this chapter including, but not limited to, the provisions of 18VAC10-20-670, 18VAC10-20-680, or 18VAC10-20-683.

18VAC10-20-790. Sanctions.

A. No license, certificate, or registration shall be suspended or revoked, nor shall any regulant be fined unless a majority of the members of the entire board who are eligible to vote, vote for the action. The board may suspend or revoke discipline or sanction, or both, any license holder, certificate holder, or the holder of a certificate of authority or registration, or fine any regulant, if the board finds that:

1. The license, certification or registration was obtained or renewed through fraud or misrepresentation;

2. The regulant has been found guilty by the board, or by a court of competent jurisdiction, of any material misrepresentation in the course of professional practice, or has been convicted, pleaded guilty or found guilty, regardless of adjudication or deferred adjudication, of any felony or misdemeanor which, in the judgment of the board, adversely affects the regulant's ability to perform satisfactorily within the regulated discipline. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter;

3. The regulant is guilty of professional incompetence, negligence, or gross negligence;

4. The regulant has abused drugs or alcohol to the extent that professional competence is adversely affected;

5. The licensee fails to comply, or misrepresents any information pertaining to their compliance, with any of the continuing education requirements as contained in this chapter;

6. The regulant violates any standard of practice and conduct, as defined in this chapter; or

6. 7. The regulant violates or induces others to violate any provision of Chapters 1 through 4 of Title 54.1 or Chapters 7 and 13 of Title 13.1 of the Code of Virginia, or any other statute applicable to the practice of the professions herein regulated, or any provision of this chapter.

B. If evidence is furnished to the board which creates doubt as to the competency of a regulant to perform professional assignments, the board may require the regulant to prove competence by interview, presentation or examination. Failure to appear before the board, pass an examination, or otherwise demonstrate competency to the board shall be grounds for revocation or suspension of the license, certification or registration.

[ FORMS (18VAC10-20)

Architect License Application, (Architect Information Sheet), 0401LIC (rev. 10/10/08).

Verification of Architect Examination and Licensure Form, 0401EXVER v.1.0 (rev. 9/5/08).

Architect Experience Verification Form, 0401EXP v1.0 (rev. 9/5/08).

Architect Client Experience Verification Form, 0401CEXP v1.0 (rev. 9/5/08).

Architect Degree Verification Form, 0401DEG v1.0 (rev. 9/5/08).

Architect Reference Form, 0401REF v1.0 (rev. 9/5/08).

Architect License Reinstatement Application, 0401REI v.1.0 (rev. 9/5/08) 4/09).

Architect License Renewal Form, 0401REN v1.0 (eff. 9/5/08) (rev. 4/09).

Professional Engineer License Application, (Professional Engineer Information Sheet) 0402LIC (rev. 9/22/08).

Professional Engineer Reference Form, 0402REF v.1.0 (rev. 9/5/08).

Professional Engineer License Reinstatement Application, 0402REI v1.1 (rev. 9/15/08) 4/09).

Professional Engineer and Engineer-in-Training Degree Verification Form, 0402_20DEG v1.0 (rev. 9/5/08).

Professional Engineer and Engineer-in-Training Experience Verification Form, 0402_20EXP v1.0 (rev. 9/5/08).

Engineer Verification of Examination and Licensure Form, 0402_20EXVER v1.0 (rev. 9/5/08).

Engineer-in-Training Designation Application, (Engineer-in-Training Information Sheet) 0420DES v1.0 (rev. 9/5/08).

Engineer-in-Training Reference Form, 0402REF v1.0 (rev. 9/5/08).

Course Requirements for Engineering Technology Program, 0402_20CREQ v1.0 (eff. 9/5/08).

Professional Engineer License Renewal Form, 0402REN v1.0 (eff. 9/5/08) (rev. 4/09).

Land Surveyor License Application, (Land Surveyor Information Sheet) 0403LIC (rev. 9/17/08).

Land Surveyor License Reinstatement Application, 0403REI (rev. 9/17/08) 4/09).

Land Surveyor B License Application, (Land Surveyor B Information Sheet) 0404LIC (rev. 9/17/08).

Land Surveyor B License Reinstatement Application, 0404REI (rev. 9/17/08) 4/09).

Land Surveyor License Renewal Form, 0403_04REN (rev. 4/09).

Land Surveyor and Surveyor-in-Training Degree Verification Form, 0403_30DEG (rev. 9/17/08).

Land Surveyor Verification of Examination and Licensure Form, 0403_30ELV (rev. 07 9/17/08).

Land Surveyor & Surveyor-in-Training Experience Verification Form, 0403_30EXP (rev. 9/17/08).

Surveyor Photogrammetrist License Application (Surveyor Photogrammetrist Information Sheet), 0408LIC (eff. 9/19/08) rev. 4/09).

Surveyor Photogrammetrist License Renewal Form, 0408REN (eff. 9/19/08) (rev. 4/09).

"Grandfather" Surveyor Photogrammetrist Reference Form, 0408REF (eff. 9/19/08).

Surveyor Photogrammetrist Experience Verification Form, 0408EXP (eff. 9/19/08).

"Grandfather" Surveyor Photogrammetrist Experience Verification Form, 0408GXP (eff. 9/19/08).

Surveyor Photogrammetrist License Reinstatement Application, 0408REI (eff. 9/19/08) (rev. 4/09).

Surveyor Photogrammetrist Degree Verification Form, 0408DEG (eff. 9/19/08).

Surveyor Photogrammetrist Verification of Examination and Licensure Form, 0408ELVF (eff. 9/19/08).

Surveyor-In-Training Designation Application, (Surveyor-in-Training Information Sheet) 0430DES (rev. 9/17/08).

Land Surveyor License Renewal Form, 0403_04REN (eff. 9/17/08).

Landscape Architect Certificate Application, (Landscape Architect Information Sheet) 0406CERT (rev. 10/6/08).

Verification of Landscape Architect Examination and Licensure Form, 0406ELV (rev. 9/17/08).

Landscape Architect Experience Verification Form for Examination and Comity Applicants, 0406EXP (rev. 9/17/08).

Landscape Architect Degree Verification Form, 0406DEG (rev. 9/17/08).

Landscape Architect Certificate Reinstatement Application, 0406REI (rev. 9/17/08).

Landscape Architect Certificate Renewal Form, 0406REN (eff. 9/17/08).

Interior Designer Certificate Application, (Interior Designer Information Sheet) 0412CERT (rev. 9/17/08).

Verification of Interior Designer Examination and Certification Form, 0412ELV (rev. 9/17/08).

Interior Designer Degree Verification Form, 0412DEG v1.0 (rev. 9/11/08).

Interior Designer Experience Verification Form, 0412EXP v1.0 (rev. 9/11/08).

Interior Designer Certificate Reinstatement Application, 0412REI v1.0 (rev. 9/11/08).

Interior Designer Certificate Renewal Form, 0412REN v1.0 (eff. 9/11/08).

Professional Corporation Registration Application (Professional Corporation Information Sheet), 04PCREG (rev. 9/25/08).

Professional Corporation Branch Office Registration Application, 04BRPCREG (eff. 9/25/08).

Business Entity Registration Application (Business Entity Information Sheet) 04BUSREG, (rev. 9/25/08).

Business Entity Branch Office Registration Application, 04BRBUSREG (rev. 9/25/08).

Professional Limited Liability Company Registration Application (Professional Limited Liability Company Information Sheet) 04PLCREG (rev. 9/25/08).

Professional Limited Liability Company Branch Office Registration Application, 04BRPLCREG (rev. 9/25/08). ]