TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The
Virginia Board for Asbestos, Lead, and Home Inspectors is claiming an exemption
from Article 2 of the Administrative Process Act in accordance with
§ 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that
are necessary to conform to changes in Virginia statutory law where no agency
discretion is involved. The Virginia Board for Asbestos, Lead, and Home
Inspectors will receive, consider, and respond to petitions by any interested
person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC15-20. Virginia Asbestos
Licensing Regulations (amending 18VAC15-20-33).
Statutory Authority: § 54.1-501 of the Code of Virginia.
Effective Date: May 1, 2020.
Agency Contact: Trisha Henshaw, Executive Director,
Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive,
Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or
email alhi@dpor.virginia.gov.
Summary:
The amendment removes the requirement regarding registering
a trade or fictitious name with the clerk of court in the locality where the
business is conducted to conform the regulation to Chapter 594 of the 2017 Acts
of Assembly, which became effective January 1, 2020.
18VAC15-20-33. General qualifications for licensure: firms.
A. Each firm applying for a license shall meet the
requirements of this section.
B. The applicant shall disclose the name under which the
business entity conducts business and holds itself out to the public. The firm
shall register trade or fictitious names, when applicable, with the State
Corporation Commission or the clerk of the circuit court in the locality
where the business is to be conducted in accordance with Chapter 5 (§
59.1-69 et seq.) of Title 59.1 of the Code of Virginia before submitting an
application to the board.
C. The applicant shall disclose the firm's mailing address
and the firm's physical address. A post office box is only acceptable as a
mailing address when a physical address is also provided.
D. Applicants shall meet the additional requirements listed
in this subsection for the firm's form of organization:
1. Corporations. Applicants shall have been incorporated in
the Commonwealth of Virginia or, if a foreign corporation, shall have obtained
a certificate of authority to conduct business in Virginia from the State
Corporation Commission in accordance with requirements governing corporations
pursuant to Title 13.1 of the Code of Virginia. Corporations shall be in good
standing with the State Corporation Commission at the time of application to
the board and at all times when the license is in effect.
2. Limited liability companies. Applicants shall have obtained
a certificate of organization in the Commonwealth of Virginia or, if a foreign
limited liability company, shall have obtained a certificate of registration to
do business in Virginia from the State Corporation Commission in accordance
with requirements governing limited liability companies pursuant to Title 13.1
of the Code of Virginia. Companies shall be in good standing with the State
Corporation Commission at the time of application to the board and at all times
when the license is in effect.
3. Partnerships. Applicants shall have a written partnership
agreement. The partnership agreement shall state that asbestos abatement
services of the partnership shall be under the direction and control of the
appropriate asbestos abatement licensee.
E. In accordance with § 54.1-204 of the Code of Virginia, the
applicant shall disclose the following information about the firm and its
owners, officers, managers, members, and directors, as applicable:
1. All felony convictions;
2. All misdemeanor convictions involving lying, cheating, or
stealing; and
3. Any conviction resulting from engaging in environmental
remediation activity that resulted in the significant harm or the imminent and
substantial threat of significant harm to human health or the environment.
Any plea of nolo contendre or finding of guilt, regardless of
adjudication or deferred adjudication, shall be considered a conviction for the
purposes of this section. The board, at its discretion, may deny licensure to
any applicant in accordance with § 54.1-204 of the Code of Virginia. The
applicant has the right to request further review of any such action by the
board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code
of Virginia).
F. The applicant shall report (i) the suspension, revocation,
or surrender of a license, certification, or registration in connection with a
disciplinary action by any jurisdiction and (ii) whether the firm, owners,
officers, managers, members, or directors have been the subject of discipline
in any jurisdiction prior to applying for licensure and while the application
is under review by the board. The board, at its discretion, may deny licensure
to an applicant based on disciplinary action by any jurisdiction.
G. The board may deny the application of an applicant who is
shown to have a substantial identity of interest with a person whose license or
certificate has been revoked or not renewed by the board. A substantial
identity of interest includes (i) a controlling financial interest by the
individual or corporate principals of the person whose license or certificate
has been revoked or has not been renewed or (ii) substantially identical
owners, officers, managers, members, or directors, as applicable.
H. An applicant shall not knowingly make a materially false
statement, submit falsified documents, or fail to disclose a material fact
requested in connection with an application submitted to the board.
NOTICE: Forms used in
administering the regulation have been filed by the agency. The forms are not
being published; however, online users of this issue of the Virginia Register
of Regulations may click on the name of a form with a hyperlink to access it.
The forms are also available from the agency contact or may be viewed at the Office
of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond,
Virginia 23219.
FORMS (18VAC15-20)
Asbestos Worker License Application,
A506-3301LIC-v4 (rev. 8/2015)
Asbestos Supervisor License Application,
A506-3302LIC-v4 (rev. 8/2015)
Asbestos Inspector License Application,
A506-3303LIC-v5 (rev. 8/2015)
Asbestos Management Planner License Application,
A506-3304LIC-v4 (rev. 8/2015)
Asbestos Project Designer License Application,
A506-3305LIC-v4 (rev. 8/2015)
Asbestos Project Monitor License Application,
A506-3309LIC-v5 (rev. 8/2015)
Individual - Asbestos License Renewal Form,
A506-33AREN-v5 (rev. 2/2020)
Asbestos Analytical Laboratory License
Renewal/Branch Office Renewal Form, A506-3333_34REN-v5 (rev. 2/2020)
Contractor - Asbestos & Lead License Renewal
Form, A506-33CONREN-v6 (rev. 2/2020)
Asbestos - Experience Verification Application,
A506-33AEXP-v5 (rev. 3/2019)
Asbestos - Education Verification Application,
A506-33AED-v3 (rev. 8/2015)
Virginia Asbestos Licensing Consumer Information
Sheet, A506-33ACIS-v2 (rev. 8/2013)
Inspector/Project Designer/Contractor Disclosure
Form, A506-33DIS-v2 (rev. 8/2013)
Asbestos Contractor License Application, A506-3306LIC-v5
(rev. 9/2019)
Asbestos Analytical Laboratory License Application,
A506-3333LIC-v7 (rev. 9/2019)
Asbestos
Contractor License Application, A506-3306LIC-v6 (rev. 3/2020)
Asbestos
Analytical Laboratory License Application, A506-3333LIC-v8 (rev. 3/2020)
Asbestos Analytical Laboratory - Branch Office
Application, A506-3333BR-v1 (rev. 9/2019)
Change of Laboratory Analysis Type Form,
A506-3333COA-v1 (rev. 9/2019)
Asbestos Training Program Review and Audit Application,
A506-3331ACRS-v4 (rev. 8/2015)
Asbestos
Training Program Review and Audit Application, A506-3331ACRS-v5 (rev. 3/2020)
Asbestos Project Monitor - Work Experience Log,
A506-3309EXP-v3 (rev. 8/2015)
VA.R. Doc. No. R20-6284; Filed February 25, 2020, 2:48 p.m.