TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Notice of Extension of Emergency Regulation

Title of Regulation: 6VAC20-65. Rules Relating to Professional Standards of Conduct and Procedures for Decertification (adding 6VAC20-65-10 through 6VAC20-65-40).

Statutory Authority: § 9.1-102 of the Code of Virginia.

The Governor has approved the request of the Criminal Justice Services Board to extend the expiration date of the emergency regulation for 6VAC20-65 for six months as provided for in § 2.2-4011 D of the Code of Virginia. Therefore, the emergency regulation is continued in effect through March 12, 2026. This extension is required in order for the Department of Criminal Justice Services with the advice and approval of the board to meet the mandate of Chapter 37 of the 2020 Acts of Assembly, Special Session I, which requires the department to establish statewide professional standards of conduct for certified law-enforcement officers and certified jail officers in addition to procedures for the decertification of certified law-enforcement officers and certified jail officers. The emergency regulation was published in 40:13 VA.R. 1090-1092 February 12, 2024.

Effective Date Extended Through: March 12, 2026.

Agency Contact: Kristi Shalton, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, fax (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

Fast-Track Regulation

Title of Regulation: 6VAC35-160. Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System (amending 6VAC35-160-10, 6VAC35-160-130).

Statutory Authority: § 16.1-223 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: August 27, 2025.

Effective Date: September 15, 2025.

Agency Contact: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 773-0180, fax (804) 371-6497, or email kristen.peterson@djj.virginia.gov.

Basis: Section 16.1-223 of the Code of Virginia authorizes the Board of Juvenile Justice to promulgate regulations governing the security and confidentiality of data submitted into the Virginia Juvenile Justice Information System (VJJIS).

Purpose: The amendments remove the incorporation by reference of Information Technology Resource Management (ITRM) Information Security Standard 501-09.1, which provides technical and programmatic guidance regarding the ITRM framework applicable to the Commonwealth's executive, legislative, and judicial branches, along with independent agencies and institutions of higher education. In addition to concerns with the breadth of provisions incorporated by reference, the department believes that the definition of data owner and the requirement to implement a screen saver lockout period are sufficient as standalone provisions and do not require additional reference to the ITRM standard. The standard has also been updated nine times since 2016 before being superseded by COV ITRM Standard SEC 530, effective March 2023. Thus, the current incorporated standard is obsolete. This action is intended to reduce the regulatory burden on regulants, thereby improving compliance and protecting public health, safety, and welfare.

Rationale for Using Fast-Track Rulemaking Process: This action is noncontroversial and therefore suitable for the fast-track rulemaking process because the DIBR being removed is obsolete and is incorporated into two regulatory sections whose provisions are sufficient without the incorporation.

Substance: The amendments remove (i) the document incorporated by reference (DIBR), ITRM Information Security Standard 501–09.1, and (ii) references to the DIBR throughout the chapter.

Issues: The primary advantage of this action is the removal of an obsolete document that contains hundreds of requirements not relevant to the applicable sections in this chapter, which will prevent the department from enforcing these supplemental provisions as part of this chapter. There are no anticipated disadvantages to the public or the Commonwealth.

Department of Planning and Budget 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 below represents DPBs best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board of Juvenile Justice (board) proposes to remove a document incorporated by reference (DIBR) and two references to the DIBR from 6VAC35-160, Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System.

Background. The current regulation lists the Commonwealth of Virginia Information Technology Resource Management Standard, Information Security Standard, 50109.1, Virginia Information Technologies Agency (rev. 12/2016), SEC 501-09.1, as a DIBR, and references the document in 6VAC35-160-10 in the definition of data owner and in 6VAC35-160-130 in the requirement to implement a screen saver lockout period after a maximum of 15 minutes of inactivity for devices.

Estimated Benefits and Costs. The Department of Juvenile Justice (DJJ) states that the department believes that incorporating this document is not necessary within the context of 6VAC35-160-10, definition of data owner since the regulatory definition is consistent with SEC 501-09.1's requirements and sufficient to address which DJJ employee should serve in this capacity. Further, DJJ states that the department believes the requirement to implement a lockout period after 15 minutes of inactivity is sufficient to carry out the provisions intent without invoking SEC 501-09.1. Thus, the proposed removal of the reference to SEC 501-09.1 from the definition of data owner, and from the requirement to implement a screen saver lockout period, should have no substantive impact.

Businesses and Other Entities Affected. According to DJJ, the regulation applies to participating agencies. The regulation defines participating agencies as the department, including state-operated court service units; any locally operated court service unit, secure juvenile detention center, or juvenile group home; or any public agency, child welfare agency, private organization, facility, or person who is treating or providing services to a child pursuant to a contract with the department or pursuant to the Virginia Juvenile Community Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, that is approved by the department to have direct access to juvenile record information through the Virginia Juvenile Justice Information System (VJJIS) or any of its component or derivative information systems. The term "participating agency" does not include any court.

DJJ states that no other state agencies have applied for and received access to the VJJIS, but it has granted such access to the VJJIS to the two locally operated court service units, the 24 locally and regionally operated juvenile detention centers, and various localities operating Virginia Juvenile Community Crime Control Act (VJCCCA) programs. The agency contracts with a regional service coordinator, who has also been granted access to the VJJIS in order to support DJJs continuum of services through service coordination, quality assurance, and reporting. Other private entities that operate VJCCCA programs also have access to various components of the VJJIS.
The Code requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ Since there is no increase in net cost nor reduction in net benefit for any entity, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments neither disproportionately affect particular entities, nor affect costs for local government.

Projected Impact on Employment. The proposed amendments do not adversely affect small businesses.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property, nor affect real estate development costs.

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¹ Section 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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Juvenile Justice concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

In response to Executive Order 19 (2022), the amendments remove (i) an obsolete document incorporated by reference (DIBR) and (ii) all references to the DIBR within the chapter.

6VAC35-160-10. Definitions.

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

"Access" means the ability directly to directly obtain information concerning an individual juvenile contained in manual or automated files.

"Commonwealth of Virginia Information Technology Resource Management Standards" or "COV ITRM Standards" means the information technology standards applicable to all Commonwealth executive branch agencies that manage, develop, purchase, and use information technology resources in the Commonwealth of Virginia.

"Data owner" means a Department of Juvenile Justice employee who is responsible for the policy and practice decisions regarding data as identified by COV ITRM Standard Security (SEC) 501–09.1.

"Department" means the Department of Juvenile Justice.

"Destroy" means to totally eliminate and eradicate by various methods, including shredding, incinerating, or pulping.

"Dissemination" means any transfer of juvenile record information, whether orally, in writing, or by electronic means, to any person other than an employee of a participating agency who is authorized to receive the information under § 16.1-300 of the Code of Virginia and who is not barred from receiving the information by other applicable law.

"Expunge" means to destroy all records concerning an individual juvenile, or all personal identifying information related to an individual juvenile that is included in aggregated files and databases, in accordance with a court order or the Code of Virginia.

"Juvenile record information" means any information in the possession of a participating agency pertaining to the case of a juvenile who is or has been the subject of an action by an intake officer as provided by § 16.1-260 of the Code of Virginia, as well as to personal identifying information concerning such a juvenile in any database or other aggregated compilation of records. The term does not apply to statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.

"Need to know" means the principle that a user should access only the specific information necessary to perform a particular function in the exercise of his official duties.

"Participating agency" means the department, including state-operated court service units; any locally operated court service unit, secure juvenile detention center, or juvenile group home; or any public agency, child welfare agency, private organization, facility, or person who is treating or providing services to a child pursuant to a contract with the department or pursuant to the Virginia Juvenile Community Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, that is approved by the department to have direct access to juvenile record information through the VJJIS or any of its component or derivative information systems. The term "participating agency" does not include any court.

"Remote access" means a connection to the department's systems from a remote location other than a department facility.

"Telecommunication connection" means the infrastructure used to establish a remote access to department information technology systems.

"Virginia Juvenile Justice Information System" or "VJJIS" means the equipment, facilities, agreements, and procedures used to collect, process, preserve, or disseminate juvenile record information in accordance with § 16.1-224 or 16.1-300 of the Code of Virginia. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

6VAC35-160-130. Security of telecommunications.

A. The department may permit the use of a nondedicated means of data transmission to access juvenile record information when there are adequate and verifiable safeguards in place to restrict access to juvenile record information to authorized persons. Industry standard levels of encryption shall be required to protect all juvenile record information moving through any network.

B. Where remote access of juvenile record information is permitted, remote access devices must be secure. Remote access devices capable of receiving or transmitting juvenile record information shall be secured during periods of operation. When the remote access device is unattended, the device shall be made inoperable for purposes of accessing juvenile record information by implementing a screen saver lockout period after a maximum of 15 minutes of inactivity for devices as required by COV ITRM Standards SEC 501–09.1. In addition, appropriate identification of the remote access device operator shall be required.

C. The telecommunications connection used with the remote access device shall also be secured. Telecommunications connections shall be reasonably protected from possible tampering or tapping.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-160)

Information Technology Resource Management Standard - Removal of Commonwealth Data from Electronic Media Standard, 514–04, Virginia Information Technologies Agency (rev. 12/2015)

Commonwealth of Virginia Information Technology Resource Management Standard, Information Security Standard, 501–09.1, Virginia Information Technologies Agency (rev. 12/2016)

TITLE 8. EDUCATION

STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Fast-Track Regulation

Title of Regulation: 8VAC40-31. Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates (amending 8VAC40-31-10 through 8VAC40-31-60, 8VAC40-31-80, 8VAC40-31-90, 8VAC40-31-100, 8VAC40-31-120 through 8VAC40-31-160, 8VAC40-31-170, 8VAC40-31-180, 8VAC40-31-190, 8VAC40-31-195 through 8VAC40-31-320; repealing 8VAC40-31-70, 8VAC40-31-110, 8VAC40-31-165, 8VAC40-31-193).

Statutory Authority: § 23.1-215 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: August 27, 2025.

Effective Date: September 11, 2025.

Agency Contact: Sandra Freeman, Associate Director, State Council of Higher Education for Virginia, Monroe Building, 101 North 14th Street, Ninth Floor, Richmond, VA 23219, telephone (804) 225-3862, or email sandrafreeman@schev.edu.

Basis: Section 23.1-215 of the Code of Virginia authorizes the State Council of Higher Education for Virginia (SCHEV) to adopt regulations necessary to implement the provisions of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia.

Purpose: SCHEV's Private Postsecondary Education (PPE) unit is responsible for designing measures to ensure that all certified postsecondary schools meet minimum academic and administrative standards and that the rights of all students attending those schools are protected. By updating and streamlining the regulation, the amendments promote public welfare by protecting citizens of the Commonwealth from fraudulent and substandard operations.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because the amendments are not substantive aside from the elimination of mandates on regulated entities. Provisions marked for elimination were carefully evaluated to ensure SCHEV's continuing ability to ensure sufficient protections for students.

Substance: The amendments (i) reduce and simplify requirements on religious and theological exempt schools; (ii) reduce and simplify certification criteria relating to personnel qualifications, informational resources available to students and prospective students, bookkeeping, and library resources; (iii) remove requirements related to equipment and facilities; (iv) reduce and simplify requirements on applicants for certification; and (v) remove requirements related to loss of accreditation.

Issues: The primary advantage to regulated institutions and SCHEV is that the amendments will provide for updated and simplified regulatory processes and procedures. There are no disadvantages to the public or the agency, as no regulatory measures were eliminated that constitute important consumer protections.

Department of Planning and Budget 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. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the State Council of Higher Education for Virginia (SCHEV) proposes to amend the regulation governing private postsecondary schools in Virginia and out-of-state schools that offer distance learning in Virginia. The proposed changes would (i) remove a number of discretionary requirements, with the intention of reducing the administrative burden on schools; (ii) remove language that is duplicative of statute; and (iii) update and streamline the regulatory text.

Background. Executive Directive 1 (2022) 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 Accordingly, SCHEV seeks to remove a number of discretionary requirements from the Regulations Governing the Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates (8VAC40-31) that were deemed superfluous or outdated while preserving measures that would constitute important consumer protections. SCHEV also reports that 8VAC40-31 includes many obsolete references to Virginia Code sections that were changed in the 2015 recodification. The proposed changes that are intended to either remove discretionary requirements altogether or reduce the administrative burden for schools are summarized.

8VAC40-31-125 requires institutions offering programs advertised as leading to professional licensure to notify students as to whether completion of the program is sufficient to meet licensure requirements in Virginia. If the institution is unable to determine whether this is the case, the regulation currently requires them to provide the current contact information for any applicable licensing boards and advise the student/applicant to make such a determination prior to enrollment. The proposed change would instead require such a notification to state that the program does not satisfy Virginia licensure requirements.

8VAC40-31-130 would be amended to remove requirements that apply to SCHEV regarding the certification criteria and to remove a requirement that schools must certify, by notarized signature of the chief executive officer, total compliance with the certification criteria on an initial and annual basis. Schools that receive a provisional certification are currently required to submit a new application if the conditions of the provisional certification are not met within the specified period; this requirement would also be struck.

8VAC40-31-140 currently includes requirements that (i) a student shall complete a minimum of 30% of coursework at the institution in order to be granted a degree from that institution, and (ii) no more than 30 percent of the credit in a student degree program be awarded for life or work experience. The proposed changes would replace the 30% threshold in both places with 25%. SCHEV reports that all exemptions are currently requested by accredited schools because accreditation requirements specify 25%. Thus, the proposed changes would align with current accreditation standards and eliminate the need for these schools to apply for an exception. This change would not have any practical impact on students. In addition, a provision that allows for exceptions to the academic preparation requirements for the director would be struck. The current requirement is that directors must hold a baccalaureate degree from an accredited college or university with at least one year of experience in administration or institutional management. SCHEV reports that the current requirements are a reasonable minimum standard and that no exception has ever been requested.

8VAC40-31-150 would be amended to remove a specific requirement that administrators must provide a record of accomplishments in previous work settings to demonstrate their qualifications. Career technical would be replaced with non-college degree in the section title; this change would be made throughout the regulation to conform the language to statute and other SCHEV regulations.

8VAC40-31-160 currently requires schools to create a number of written statements and other documents and either share them with students or prospective applicants or make them available to the general public upon request. SCHEV proposes to remove several of these documents, which cover topics including school governance structure, information for refunds, grievance procedures, student rights, faculty accessibility, transferability of courses, transferability of diplomas, program enrollment, and graduation rates. SCHEV reports that this information is duplicative of other documents that are also (and would remain) required by this section, such as the student enrollment agreement and the school catalog. A requirement regarding the retention of student academic records would be struck as it is duplicative of § 23.1-223 of the Code of Virginia and addressed in 8VAC40-31-280.

8VAC40-31-165 requires schools to comply with federal, state, and local requirements that are outside of SCHEV purview; thus, this section would be repealed in its entirety.

8VAC40-31-170 would be amended such that new owners of schools would have 60 days, rather than the current 45 days, to obtain certification under the new ownership. Schools that have previously operated in other states and subsequently closed those locations prior to applying to operate in Virginia are currently required to provide letters from agencies in those states declaring that the schools closed in good standing; this requirement would be removed.

8VAC40-31-180 would be amended to remove current requirements that (i) non-degree schools provide a statement that their programs conform to federal, state, trade or manufacturing standards for the field, (ii) applications include a notarized statement of compliance by the chief executive officer of the school, and (iii) a written statement be provided to explain a loss of legal authority to operate in a different state prior to submitting an application. Further, the notarized attestation to be provided by the president or chief executive officer when applying for a new postsecondary school would no longer need to include several specific details regarding involvement with other institutions.

8VAC40-31-193 would be struck in its entirety. SCHEV reports that the requirements of this section are overly burdensome and unnecessary for non-degree schools that choose to be accredited even though it is not a requirement for certification. SCHEV reports that institutions of higher education and academic-vocational non-college degree schools, which are required to be accredited by § 23.1-219 of the Code of Virginia would automatically cease to be certified in the event of a loss of accreditation. In such cases, SCHEV would determine the next steps for the school on a case-by-case basis.

Estimated Benefits and Costs. The proposed amendments described in the previous section are intended to reduce the regulatory burden for the private postsecondary schools and out-of-state institutions of higher education that operate in Virginia and fall under SCHEV purview as per §§ 23.1-213 and 23.1-230 of the Code of Virginia. Further, as mentioned previously, SCHEV proposes to make a number of changes that would update references to statute, remove repetitive language, and streamline the regulatory text. The proposed change in 8VAC40-31-125 for some distance education providers would remove the burden of locating the appropriate licensing board and instructing Virginia applicants to contact the board and establish whether the program will in fact meet the licensing requirements. However, by replacing this information with a statement that the program does not meet the licensing requirements, the school would likely lose out on enrolling students who would have done the due diligence and determined that the program is actually sufficient. SCHEV reports that the proposed change puts the onus on schools, rather than prospective students, to do the research as to whether the program would meet licensing requirements in Virginia. Further, the schools that risk losing students due to this change are all out-of-state providers, whereas the proposed change would protect Virginia students.

Businesses and Other Entities Affected. As mentioned previously, the proposed changes would reduce administrative burdens, remove redundant language and clarify the text. SCHEV reports that there are currently 242 private postsecondary schools and out-of-state schools that offer distance learning in Virginia; of these, 79 are degree-granting institutions of higher education, and 163 are non-college degree. Of the 242 schools, 122 are accredited and 120 are unaccredited. The proposed changes would also affect students and individuals or organizations that represent them, and other readers of the regulation. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ 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.⁴ Since the proposed changes do not increase net costs or reduce net benefits for individuals or entities in Virginia, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses in Virginia. A majority of the private postsecondary schools regulated by SCHEV are likely to meet the statutory definition of a small business and would benefit from the proposed reductions in administrative requirements and greater regulatory flexibility. In particular, SCHEV reports that 72 of the 242 schools regulated by SCHEV have a gross annual revenue less than $100,000.

Localities⁷ Affected.⁸ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments could increase the value of private secondary schools and private out-of-state schools regulated by SCHEV to the extent that the proposed reductions in administrative requirements translate to a reduction in operating costs. The proposed amendments do not affect real estate development costs.

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

³ 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.

⁴ 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.

⁵ 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."

⁶ 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.

⁷ "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.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Council of Higher Education for Virginia concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

In response to Executive Order 19 (2022), the amendments (i) remove discretionary requirements, including requirements related to equipment and facilities and loss of accreditation; (ii) remove language that is duplicative of statute, and (iii) update and streamline the regulatory requirements regarding religious and theological school exemption; personnel qualifications, informational resources, bookkeeping, and library resources; and applying for certification.

8VAC40-31-10. Definitions.

The In addition to the words and terms defined in § 23.1-100 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Academic credit" means the measure of the total time commitment an average student is expected to devote to learning per week of study. Generally, one unit of credit represents a total of three hours per week of in-class and out-of-class work (Carnegie Unit of Credit). In this context, an hour is defined as 50 minutes. Emerging delivery methodologies may necessitate determining a unit of undergraduate or graduate credit with nontime-based methods. These courses shall use demonstration of competency, demonstration of proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.

"Academic-vocational" means a noncollege degree school that offers degree and nondegree credit courses at a site in Virginia or via telecommunications equipment located in Virginia.

"Accreditation" means a process of external quality review used by higher education to scrutinize colleges, universities, and educational programs for quality assurance and quality improvement. This term applies to those accrediting organizations recognized by the United States Department of Education.

"Adjunct faculty" means professional staff members of businesses, industries, and other agencies and organizations who are appointed by institutions and schools on a part-time basis to carry out instructional, research, or public service functions.

"Administrative capability" means a branch (i) maintains or has access to all records and accounts; (ii) has an administrator; (iii) offers courses that consist of a large number of unit subjects that comprise a program of education or a set curriculum large enough to allow pursuit on a continuing basis; and (iv) provides student services, including financial aid, admissions, career placement assistance, or registration.

"Agent" means a person who is employed by any institution of higher education or noncollege degree school, whether such institution or school is located within or outside this Commonwealth, to act as an agent, solicitor, procurer, broker, or independent contractor to procure students or enrollees for any such institution or school by solicitation in any form at any place in this Commonwealth other than the office or principal location of such institution or school.

"Administrative personnel" means individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, business officer or manager, director of student services, including counseling and placement, and the registrar.

"Avocational" means instructional programs that are not intended to prepare students for employment but are intended solely for recreation, enjoyment, personal interest, or as a hobby or courses or programs that prepare individuals to teach such pursuits.

"Branch" means an additional location, operated by a school with an approved existing site. A branch campus must have administrative capability exclusive of the main campus and adequate resources to ensure that the objectives of its programs can be met.

"Career-technical school" means a school that does not offer courses for degree credit at a site in Virginia or via telecommunication equipment located in Virginia; same as academic-vocational school.

"Certificate" means the credential awarded by a school upon the successful completion of a program that consists of one or more technical courses, usually completed in less than 26 weeks, normally with a single skill objective.

"Certification" means the process of securing authorization to operate a private or out-of-state postsecondary school or institution of higher education or degree, certificate, or diploma program in the Commonwealth of Virginia.

"Change of ownership" means the any action or transaction that results in a change in power within a of control of the school. Change of ownership may include the following situations: (i) sale of the school, (ii) merger of two or more schools if one of the schools is nonexempt, or (iii) change from profit to nonprofit or collective "Change of ownership" includes any change by which a person who has or thereby acquires an ownership interest in the entity that owns the institution or the parent of that entity acquires or loses the ability to control the institution.

"CIP code" means the six-digit number assigned to each discipline specialty in the Classification of Instructional Programs (CIP) taxonomy maintained by the National Center for Education Statistics.

"Clock hour" or "contact hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"College" means any institution of higher education that offers degree programs.

"Conditional certification" means a status that may be granted by the council to a school certified to operate in Virginia to allow time for the correction of major deficiencies or weaknesses identified in the school's administration that are of such magnitude that, if not corrected, may result in the suspension or revocation of the school's certificate to operate. During a period of conditional certification, a school may not enroll new students or confer any degrees, diplomas, or certificates.

"Council" means the State Council of Higher Education for Virginia.

"Course for degree credit" means a single course whose credits are applicable to the requirements for earning a degree, diploma, or certificate.

"Course registration materials" means any official documents provided to students for the purpose of formal enrollment into the school, a specific program, or a certain course.

"Credit" means (i) the quantitative measurement assigned to a course generally stated in semester hours, quarter hours, or clock hours or (ii) the recognition awarded upon successful completion of coursework.

"Credit hour" means a unit by which a school may measure its coursework. The number of credit hours assigned to a traditionally delivered course is usually defined by a combination of the number of hours per week in class, the number of hours per week in a laboratory, or the number of hours devoted to externship multiplied by the number of hours in the term. One unit of credit is usually equivalent to, at a minimum, one hour of classroom study and outside preparation, two hours of laboratory experience, or three hours of internship or practicum, or a combination of the three multiplied by the number of weeks in the term. Emerging delivery methodologies may necessitate determining a unit of undergraduate or graduate credit with nontime-based methods. These courses shall use demonstration of competency, demonstration of proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.

"Degree" means any earned award at the associate, baccalaureate, master's, first professional, or doctoral level that represents satisfactory completion of the requirements of a program or course of study or instruction beyond the secondary school level and includes certificates and specialist degrees when such awards represent a level of educational attainment above that of the associate degree level.

"Degree program" means a curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty and normally is identified by a six-digit CIP code number.

"Diploma" means an award that represents a level of educational attainment at or below the associate degree level and that normally consists of up to (i) 1,500 clock hours, (ii) 90 quarter hours, or (iii) 60 semester hours.

"Distance education" means education that uses the Internet, one-way transmission and two-way transmission through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications; audio conferencing; or video cassettes, DVDs, and CD-ROMs any means to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between student and instructor.

"Enrollment agreement" means a legally binding document signed by a student and an authorized representative of an institution, prior to the time instruction begins, that contains required disclosures, a completed copy of which is given to the student upon execution.

"Existing institution" or "existing postsecondary school" means any postsecondary school that either (i) has been in operation in Virginia for two or more calendar years as of July 1, 2004, and has been certified to operate continuously during that period or (ii) has been approved to operate as a postsecondary school in another state, is accredited by an accrediting agency recognized by the United States Department of Education, and is certified to operate in Virginia.

"Full-time faculty" means a person whose: (i) employment is based upon an official contract, appointment, or agreement with a school; (ii) principal employment is with that school; and (iii) major assignments are in teaching and research. A full-time administrator who teaches classes incidental to administrative duties is not a full-time faculty member.

"Graduate credit hours" means credits credit hours earned for successful completion of courses beyond the baccalaureate level, generally awarded at the 500 series and above.

"Gross tuition collected" means all fees collected or received on either a cash or accrual accounting method basis for all instructional programs or courses, except for nonrefundable registration and application fees and charges for materials, supplies, and books that have been purchased by, and are the property of, the student.

"In-state institution" means an institution of higher education that is formed, chartered, or established within Virginia. An out-of-state institution shall be deemed an in-state institution for the purposes of certification as a degree-granting institution if (i) the institution has no instructional campus in the jurisdiction in which it was formed, chartered, established, or incorporated and (ii) the institution produces clear and convincing evidence that its main or principal campus is located in Virginia.

"Institution of higher education" or "institution" means any person, firm, corporation, association, agency, institute, trust, or other entity of any nature whatsoever offering education beyond the secondary school level that has received certification from the council and either: (i) offers courses or programs of study or instruction that lead to, or that may reasonably be understood to be applicable to, a degree; (ii) operates a facility as a college or university or other entity of whatever kind that offers degrees or other indicia of level of educational attainment beyond the secondary school level; (iii) uses the term "college" or "university," or words of like meaning, in its name or in any manner in connection with its academic affairs or business; or (iv) offers approved courses of degree credit or programs of study leading to a degree or offers degrees either at a site in Virginia or via telecommunications equipment located within Virginia.

"Instructional faculty" means a person employed by a school who is engaged in instructional, research, or related activities.

"Instructional site location" means a location in Virginia where a postsecondary school (i) offers one or more courses on an established schedule and (ii) lacks administrative capability operated under the direction of a designated Virginia site that is geographically located within a 20-mile radius from the designated site and offers less than 50% of an educational program.

"Multistate compact" means any agreement involving two or more states to offer jointly postsecondary educational opportunities, pursuant to policies and procedures set forth by such agreement and approved by council.

"New institution" or "new postsecondary school" means any postsecondary school that seeks certification and has been in operation in Virginia for less than two calendar years as of July 1, 2004, and has neither operated in another state as a postsecondary institution nor has been approved to operate in another state as a postsecondary institution.

"Noncollege degree school" means any postsecondary school that offers courses or programs of study that do not lead to an associate or higher level degree at a site in Virginia or via telecommunications equipment located within Virginia. Such schools may be academic-career-technical or career-technical.

"Out-of-state institution" means an institution of higher education that is formed, chartered, established, or incorporated outside Virginia.

"Part-time faculty" means a person whose (i) annual employment is based upon an official contract, appointment, or agreement with a school and (ii) courseload of teaching assignments is of lesser quantity than that expected of a full-time faculty member or is of lesser quantity than the school's definition of a full load of courses.

"Postsecondary education" means the provision of formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or equivalent or who are beyond the age of compulsory high school attendance. It includes programs of an academic, career-technical, and continuing professional education purpose, and excludes avocational and adult basic education programs.

"Postsecondary education activities" means researching, funding, designing, or conducting instructional programs, classes, or research opportunities, designed primarily for students who have completed the requirements for a high school diploma or its equivalent or who are beyond the age of compulsory high school attendance.

"Postsecondary school" or "school" means any entity offering formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or its equivalent or who are beyond the age of compulsory high school attendance, and for which tuition or a fee is charged. Such schools include programs of academic, career-technical, and continuing professional education, and exclude avocational and adult basic education programs. For the purposes of this chapter, a "postsecondary school" shall be classified as either an institution of higher education as defined in this section or a noncollege degree school, as defined in this section.

"Private postsecondary career school" means any for-profit or nonprofit postsecondary career entity maintaining a physical presence in Virginia providing education or training for tuition or a fee that (i) augments a person's occupational skills; (ii) provides a certification; or (iii) fulfills a training or education requirement in one's employment, career, trade, profession, or occupation. Any entity that offers programs beyond the secondary school level, including programs using alternate modes of delivery, shall be included in this definition so long as tuition and fees from such programs constitute any part of its revenue.

"Program" means a curriculum or course of study in a discipline or interdisciplinary area that leads to a degree, certificate, or diploma.

"Program area" means a general group of disciplines in which one or more degree programs, certificates, or diplomas may be offered.

"Program of study" means a curriculum of two or more courses that is intended or understood to lead to a degree, diploma, or certificate. It and may include all or some of the courses required for completion of a degree program.

"Provisional certification" means a preliminary approval status granted by the council to a new school applicant that has demonstrated substantial compliance with the provisions of this chapter. Such a status may include any conditions imposed by the council to ensure compliance with the provisions of this chapter. The provisionally certified school must demonstrate compliance with all conditions within one calendar year of the initial grant of provisional certification.

"Senior administrator" means, generally, individuals who have administrative or managerial authority within an institution, including, by function, titles of chief executive officer, president, chancellor, dean, provost, and owner.

"Surety instrument" means a surety bond or a clean irrevocable letter of credit issued by a surety company or banking institution authorized to transact business in Virginia adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with filing a claim against the instrument.

"Teach-out agreement" means the process whereby a closed or closing school undertakes to fulfill its educational and contractual obligations to currently enrolled students.

"Telecommunications activity" means any course offered by a postsecondary school or consortium of postsecondary schools where the primary mode of instructional delivery is by television, videocassette or disc, film, radio, computer, or other telecommunications devices.

"Unearned tuition" means the portion of tuition charges billed to the student but not yet earned by the institution; the unearned tuition represents future educational services to be rendered to presently enrolled students.

"University" means any institution offering programs leading to degrees or degree credit beyond the baccalaureate level.

"Vocational" means a noncollege degree school that offers only noncollege credit courses. Such schools have programs of instruction offering a sequence of courses that are directly related to the preparation of individuals for paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degree. Vocational education shall not include instructional programs intended solely for recreation, enjoyment, personal interest, or as a hobby, or courses or programs that prepare individuals to teach such pursuits.

8VAC40-31-20. Prohibited acts.

A. Except as in accordance with this chapter, no person or other entity shall sell, barter, or exchange for any consideration, or attempt to sell, barter, or exchange for any consideration, any degree, degree credit, diploma, or certificate.

B. No person or other entity shall use or attempt to use in connection with any business, trade, profession, or occupation any degree or certification of degree or degree credit, including but not limited to a transcript of coursework that has knowingly been fraudulently issued, obtained, forged, or materially altered.

C. Unless exempted from the provisions of this chapter pursuant to § 23-276.2 of the Code of Virginia, no person, firm, or school may represent that credits earned at or granted by that person, firm, or school are applicable for credit toward a degree, except under such conditions and in a manner specified and approved by the council in accordance with this chapter.

D. Without prior certification, no person or other entity subject to the provisions of this chapter shall use in any manner within the Commonwealth of Virginia A. Use of the term "college" or "university" or abbreviations or words of similar meaning in its name or in any manner in connection with its academic affairs or business or in any literature, catalog, pamphlet, or descriptive materials is prohibited, except in accordance with § 23.1-225 of the Code of Virginia. 1. This subsection shall not apply to any person or other entity that (i) used the term "college" or "university" openly and conspicuously in its title within the Commonwealth prior to July 1, 1970; (ii) was granted authority to operate in Virginia by the council between July 1, 1970, and July 1, 2002, and maintains valid authority to so operate in Virginia after July 1, 2002; (iii) was exempted from the provisions of Chapter 21 (§ 23-265 et seq.) of Title 23 of the Code of Virginia as such law was in effect prior to July 1, 2002; or (iv) was authorized by the council to use a name prior to a request for certification. 2. For only as long as the provisions of Item 158 D of Chapter 912 of the 1996 Acts of Assembly shall be in effect, this This subsection shall not apply to an individual proprietorship, association, co-partnership, or corporation that uses the words "college" or "university" in its training programs solely for its employees or customers, that does not offer degree-granting programs, and whose name includes the word "college" or "university" in a context from which it is clear that such entity is not an educational school.

E. B. The council may shall refuse to certify school names and terms that have the potential to mislead the general public about the school's affiliation or association with any state-supported institution of higher education in Virginia. Terms such as, but not limited to, that may not be used by private institutions of higher education include "public university," "public college," or "community college" may be protected from use by private institutions of higher education.

8VAC40-31-30. Advertisements, announcements, and other promotional materials.

A. A school certified to operate by the council in accordance with this chapter shall include in any print and electronic catalogs (i) a clear statement that the council has certified the school to operate in Virginia and (ii) a complete address addresses of the main campus and all branch locations all sites within Virginia.

B. A school certified to operate by council in accordance with this chapter shall include in all publicity, advertisement, and promotional materials distributed to current or prospective students (i) a clear statement that the council has certified the school to operate in Virginia, (ii) the school's complete name as indicated on the certificate to operate, and (iii) the address of at least one branch campus site located in Virginia.

C. A school with its main campus not located in Virginia that has a physical presence in Virginia shall state in its print and electronic catalog distributed in Virginia that: comply with the requirements of § 23.1-219 E of the Code of Virginia.

1. Each course or degree, diploma, or certificate program offered in Virginia is approved by the governing body of the school; and

2. The appropriate state agency, if any, in the state where the main campus of the school is located has granted whatever approval may be necessary for the school to:

a. Offer courses or degree, diploma, or certificate programs at the level for which credit is being awarded for those courses or programs in Virginia; and

b. Ensure that any credit earned for coursework offered by the school in Virginia may be transferred to another of the school's locations outside Virginia as part of an existing degree, diploma, or certificate program offered by the school.

D. No advertisement, announcement, or any other material produced by or on behalf of a postsecondary school shall in any way indicate that the school is supervised, recommended, endorsed, or accredited by the Commonwealth of Virginia, by the State Council of Higher Education for Virginia, or by any other state agency in Virginia.

8VAC40-31-40. State-supported institutions.

This chapter shall not apply to the institutions named in §§ 23-9.5 and 23-14 of the Code of Virginia, any public institution of higher education as that term is defined in § 23.1-100 of the Code of Virginia or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.) of Title 23.1 of the Code of Virginia, including their branches, divisions, or colleges, or to any state-supported institution of higher education that may be established by the Commonwealth of Virginia in the future.

8VAC40-31-50. Religious institutions.

A. The council shall exempt from the provisions of Article 3 (§ 23.1-213 et seq.) of Chapter 21.1 (§ 23-276.1 et seq.) 2 of Title 23 23.1 of the Code of Virginia any school whose primary purpose is to provide religious training or theological education, provided that the school:

1. Awards only degrees, diplomas, or certificates that (i) carry titles that indicate the school's primary purpose plainly upon their face and (ii) state that the school is excluded from the requirement of state certification; and

2. States plainly in its catalogs and other publications that (i) the school's primary purpose is to provide religious training or theological education; (ii) the school's degrees, diplomas, or certificates are so titled and worded; and (iii) the school is exempt from the requirement of state certification.

B. The title of each degree, diploma, or certificate awarded by a school that claims an exemption under the provisions of this section must reflect that the school's primary purpose is religious education.

1. The titles of religious degrees that may be awarded include, but are not limited to, (i) Bachelor of Education in a specific religion, (ii) Master of Divinity, and (iii) Doctor of Sacred Theology.

2. Secular degrees may not be awarded in any discipline, including religion, religious education, and biblical studies. Titles of secular degrees that may not be awarded include, but are not limited to, (i) Associate of Arts, (ii) Associate of Science, (iii) Associate of Applied Science, (iv) Associate of Occupational Science, (v) Bachelor of Arts, (vi) Bachelor of Science, (vii) Master of Arts, (viii) Master of Science, (ix) Doctor of Philosophy, and (x) Doctor of Education.

C. Exemptions granted after July 1, 2002, will be for a maximum of five years. A school wishing to maintain an exempt status must reapply to council at least six months prior to the expiration of the exemption period. An exempt school shall not make claims of "approval," "endorsement," or other such terms by the council in any of its promotional materials. An exempt school shall clearly state in its catalogs and promotional materials that it is exempt from the requirements of state regulation and oversight.

D. A school that awards secular degrees in addition to religious degrees, certificates or diplomas, as defined in subsections A and B of this section, must comply with the provisions for certification for all nonreligious degree programs.

E. D. Each school requesting religious exemption must apply on forms provided by and in a manner prescribed by the council.

F. The council, on its own motion, may initiate formal or informal inquiries to confirm that this chapter is not applicable to a religious school if the council has reason to believe that the school may be in violation of the provisions of this section.

1. Any school that claims an exemption under subsections A and B of this section on the basis that its primary purpose is to provide religious training or theological education shall be entitled to a rebuttable presumption of the truth of that claim.

2. It shall be the council's responsibility to show that a school is not exempt under subsections A and B of this section.

3. The council assumes no jurisdiction or right to regulate religious beliefs under this chapter.

G. E. A school whose claim for exemption under subsections A and B of this section is denied by the council shall have the opportunity to appeal the council's action in accordance with 8VAC40-31-70 the right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

8VAC40-31-60. Schools, programs, degrees, diplomas, and certificates exempt from council action.

A. The following activities or programs offered by postsecondary schools and not leading to a degree that are otherwise subject to this chapter shall be exempt from its provisions so long as no degree credit is awarded:

1. Any school subject to the provisions of Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia exemption pursuant to § 23.1-226 B of the Code of Virginia.

2. Any honorary degree conferred or awarded by a school, as long as the degree (i) does not represent the satisfactory completion of all or any part of the requirements of a program or course of study and (ii) is normally regarded as one that is intended to be commemorative in nature in recognition of an individual's contributions to society. Such degree must state on its face that it is honorary in nature school subject to the provisions of Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia.

3. Any nursing education program offered by a school to the extent that the program is regulated by the Virginia Board of Nursing.

a. The Virginia Board of Nursing is the state agency authorized to license registered nurses and to approve nursing programs with regard to the adequacy of the curricula and resources for preparing students to take the licensing examination.

b. In order to offer a degree in nursing, a school must obtain council certification prior to seeking approval from the Virginia Board of Nursing.

4. Any professional program for professional or occupational training offered by a school to the extent that the program is (i) subject to approval by a regulatory board pursuant to Title 54.1 of the Code of Virginia; or (ii) subject to approval by any other state or federal agency; and (iii) offered by a school that is not seeking degree-granting status such that it would be required to obtain prior council certification.

5. Any course or program of study given by or approved by any professional body, fraternal organization, civic club, or benevolent order principally for continuing or professional education or similar purpose and for which no certificate, degree, or degree credit is awarded.

6. 3. Any course or program of study conducted on a not-for-profit basis by firms or organizations for the training of their own employees only, provided that such instruction is offered at no charge to such employees and with no advertising for open enrollment.

7. Courses or programs offered through approved multistate compacts, including but not limited to the Southern Regional Education Board's Electronic Campus.

8. Those courses offered and delivered by a postsecondary school that is accredited by an entity recognized by the U.S. Department of Education (USDOE) for accrediting purposes, if such courses are provided solely on a contractual basis for which no individual is charged tuition and for which no advertising has been made for open enrollment.

9. Any school, institute or course of instruction offered by any trade association or any nonprofit affiliate of a trade association on subjects related to the trade, business or profession represented by such association.

10. Any public or private high school accredited or recognized by the Virginia Board of Education that has offered or may offer one or more courses cited in this chapter if any tuition, fees and charges made by the school are collected as may be permitted by Title 22.1 of the Code of Virginia, in the case of a public school, or pursuant to regulations prescribed by the relevant governing body of such private school.

11. Tutorial instruction delivered and designed to supplement regular classes for students enrolled in any public or private school or to prepare an individual for an examination for professional practice or higher education.

12. 4. Schools of fine arts or other avocational courses that are conducted solely to further artistic appreciation, talent, or for personal development or information and programs that prepare individuals to teach such pursuits.

B. Notwithstanding the provisions of this section, if a school offers any nonexempt programs, the school as a whole, including all of its programs, is subject to the provisions of certification.

C. Notwithstanding the exemptions provided in this section, a school that is otherwise entitled to exemption may voluntarily seek certification for an otherwise exempt activity or program.

D. A school whose claim for exemption under subsection A of this section is denied by the council shall have right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

8VAC40-31-70. Denial of exemption; appeal of action. (Repealed.)

If the council denies a request for exemption the executive director shall ensure that the school is afforded an opportunity to be heard. The procedures set forth in 8VAC40-31-220 shall apply.

8VAC40-31-80. Role of the council.

A. Pursuant The council establishes fees for services and the methods for collecting such fees pursuant to § 23-276.9 the authority granted by § 23.1-224 of the Code of Virginia, the council may establish fees for services and the methods for collecting such fees.

B. Pursuant The council delegates authority for administering the requirements of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia to the executive director or the executive director's delegate pursuant to § 23-276.3 § 23.1-215 E of the Code of Virginia, and unless otherwise indicated, the council delegates authority for administering the requirements of Chapter 21.1 (§ 23-276.1 et seq.) of Title 23 of the Code of Virginia and this chapter to the executive director.

C. Pursuant to § 23-276.3 of the Code of Virginia, the The council shall adopt adopts certification criteria for the operation of postsecondary schools in Virginia in accordance with the requirements of § 23.1-215 B of the Code of Virginia.

D. Only the council may refuse to grant certification, or revoke or suspend certification. In these instances, the council will be responsible for ensuring due process and compliance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

8VAC40-31-90. Role of the executive director.

A. In addition to other administrative responsibilities vested in the executive director of by the council, the executive director shall carry out the following administrative responsibilities relative to this chapter:

1. Authorize certification to operate for postsecondary schools that meet the certification criteria.

2. Authorize the use of the term "college" or "university" in a school's name.

3. Authorize religious exemptions.

4. Authorize emergency action pursuant to § 23-276.7 § 23.1-222 of the Code of Virginia, in the event a school has received an adverse action by the USDOE or by its accrediting agency that threatens a disruption of the operation of the school and exposes students to a loss of course or degree credit or financial loss. All emergency actions shall be reported to council at its next meeting to either ratify or take such actions as it may deem necessary. The authority of the executive director in these instances includes the authority to:

a. Suspend new enrollment in specified programs, degree levels or in all programs and degree levels.

b. Require the school to provide a guaranty instrument or increase the penal amount of a current guaranty.

c. Take other actions as may be necessary to protect the rights of currently enrolled or future students.

5. Assess administrative fees.

6. 5. Authorize the release of a surety instrument requirement.

B. The executive director may delegate certain administrative responsibilities to the council staff.

8VAC40-31-100. Role of the council staff.

A. The council staff shall:

1. Provide oversight and administration for purposes of compliance with Chapter 21.1 (§ 23-276.1 et seq.) Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23 23.1 of the Code of Virginia.

2. Review initial and annual certification requirements for all schools.

3. Perform random and periodic school visits to review, inspect, and investigate school compliance.

4. Investigate as necessary all noncertified postsecondary school activities operating in the Commonwealth of Virginia.

5. Monitor the accreditation activities of all nonaccredited unaccredited postsecondary schools operating in the Commonwealth of Virginia.

6. Investigate all written and signed complaints or adverse publicity or any situation that may adversely affect students or consumers.

7. Share with state or federal agencies and appropriate accrediting bodies information regarding the operation or closure of postsecondary schools operating in Virginia.

B. The executive director may delegate other responsibilities as deemed appropriate.

8VAC40-31-110. Certain existing approvals and exemptions continued. (Repealed.)

A. An institution of higher education that was approved or authorized to confer degrees at a particular level or to offer one or more degree programs or program areas may continue to confer those degrees and to offer those programs until and unless the school's approval or authorization is revoked by the council in accordance with § 23.276.4 of the Code of Virginia.

B. If authorization to grant or confer academic or professional degrees is revoked for an institution otherwise exempt from the requirements of certification, pursuant to § 23-276.4 C of the Code of Virginia, the institution will be subject to the provisions of certification in place at the time of the revocation.

8VAC40-31-120. Certification required for new and existing postsecondary schools.

A. Unless otherwise exempted from these regulations, all instructional offerings of a new or existing postsecondary school in Virginia are subject to this chapter, even when the credit awarded for those offerings may be transferred to a location outside Virginia.

B. A new postsecondary school must become certified to operate prior to engaging in activities related to postsecondary education via telecommunications activity, mail correspondence courses, or at a location within the Commonwealth.

1. The determination for certification of telecommunications activities or mail correspondence courses may be based upon, but not limited to, physical presence.

2. With the exception of degree programs, academic credit and other courses offered exclusively from outside the Commonwealth of Virginia through individual and private interstate communication, all telecommunications activities and mail correspondence courses are subject to the certification criteria required for all postsecondary schools.

C. A. Existing postsecondary schools must recertify compliance with certification criteria on an annual basis in order to continue offering postsecondary courses and programs.

D. B. Postsecondary schools operating branches multiple sites in Virginia must certify each separately.

E. C. Noncertified postsecondary schools that seek to establish a postsecondary education consortium, agreement, partnership, or other similar arrangement with an existing certified postsecondary school must meet all requirements for certification as set forth in these regulations and must become certified to operate prior to engaging in postsecondary education activities within the Commonwealth of Virginia.

8VAC40-31-125. Certification required for schools offering distance learning in Virginia.

A. Any degree-granting postsecondary school providing distance learning to residents of the Commonwealth from a location outside of the Commonwealth shall be certified to operate in the Commonwealth or shall be a participant in a reciprocity agreement to which the Commonwealth belongs, in accordance with council's authority pursuant to § 23.1-211 of the Code of Virginia, for the purpose of consumer protection.

B. Any degree-granting postsecondary institution seeking initial or renewal authorization to offer distance education programs or courses to residents of the Commonwealth from a location outside of the Commonwealth that is not a participant in a reciprocity agreement to which the Commonwealth belongs must demonstrate that it meets the following eligibility criteria:

1. The institution is properly authorized to operate by and in good standing with the appropriate entity in the state where the institution has legal domicile.

2. The institution is a United States degree-granting institution that is accredited by an accrediting agency that is recognized by the U.S. Department of Education with a scope of authority, as specified by the U.S. Department of Education, that includes distance education.

3. The institution is in good standing, including having no current or pending show cause or probation actions against it.

4. The institution demonstrates minimum financial stability to qualify for certification defined as a federal Financial Responsibility Composite Score of 1.5 or better.

C. An institution certified pursuant to this section shall provide proof of the following disclosures to Virginia residents:

1. A notification that the school is certified to operate by council.

2. A notification outlining the procedures a student may follow to file a complaint against the school. The disclosure must include a statement that if the complaint is not resolved to the student's satisfaction, the student may contact the council as a last resort. The school must provide contact information for council and must ensure that the student will not be retaliated against for filing a complaint.

3. A notification stating that the transferability of credits earned at the school is at the sole discretion of the receiving institution.

4. For institutions offering programs or courses leading to or advertised as leading to professional licensure, a notification regarding whether completion of the program is sufficient to meet licensure requirements in Virginia. If the institution is unable to determine whether a program will meet the professional licensure requirements in Virginia, the notification shall provide current contact information for any applicable licensing boards and advise the student or applicant to determine whether the program meets requirements for licensure in Virginia prior to enrollment state that the program does not satisfy Virginia licensure requirements.

D. An institution certified pursuant to this section shall pay a nonrefundable initial and renewal authorization fee as provided in 8VAC40-31-260.

E. An institution certified pursuant to this section shall immediately inform the council and current enrolled students who are residents of the Commonwealth of any adverse action by the U.S. Department of Education or by its accrediting agency that threatens a disruption of the operation of the institution or exposes students to a loss of course or degree credit or financial loss.

F. The certificate of authorization for an institution certified pursuant to this section shall expire on the stated expiration date. Applications for annual renewals must be submitted to council at least 90 days prior to the expiration date of the current authorization.

G. In the case of an institution that has enrolled students who are residents of the Commonwealth prior to July 1, 2022, the institution may instruct only such students through the completion of their the program without being certified to operate in the Commonwealth or being a participant in a reciprocity agreement to which the Commonwealth belongs.

8VAC40-31-130. Application of certification criteria.

A. The certification criteria shall include, but not be limited to (i) procedures by which a postsecondary school may apply for certification and (ii) criteria designed to ensure that all postsecondary schools that are subject to this chapter meet minimal academic or career-technical standards.

B. Postsecondary schools, by notarized signature of the chief executive officer, will be responsible for certifying total compliance with certification criteria on an initial and annual basis.

C. Postsecondary schools must be in compliance with all local, state, and federal statutes, laws, and codes.

D. Initial site visit. A. Council staff shall conduct an initial site visit prior to certification. The school shall demonstrate that the facilities conform to all federal, state, and local building codes and that it is equipped with classrooms, instructional and resource facilities, and laboratories adequate for the size of the faculty and student body and adequate to support the education programs offered by the school.

E. Provisional certification. B. An initial certification applicant may be granted provisional certification for a period not to exceed one year, during which time the institution shall meet all conditions established by council for provisional certification. During the period of provisional certification, the school:

1. May advertise, provided that all advertisements and promotional materials state that the school is Provisionally Certified to Operate by the State Council of Higher Education for Virginia;

2. 1. May recruit and register students, however, but may not collect more than an initial nonrefundable fee of $100 from each student;

3. May recruit and hire faculty and staff; and

4. 2. May not offer postsecondary instruction or confer certificates, diplomas, or degrees.

F. If the institution has not complied with all necessary standards and conditions within the period specified by the provisional certification, a new application for certification must be submitted.

8VAC40-31-140. Certification criteria for institutions of higher education.

A. This section shall apply to each institution of higher education for which certification is required.

B. A. In order to award a degree, the institution's programs must meet the following generally accepted minimum number of semester/quarter semester or quarter credit hours required to complete a standard college degree.

1. An associate degree shall be granted only after the successful completion of at least 60 semester hour or 90 quarter credit hours of collegiate level study.

2. A bachelor's degree shall be granted only after the successful completion of at least 120 semester hours or 180 quarter credit hours of collegiate level study.

3. A master's degree shall be granted only after the successful completion of the requirements for a bachelor's degree and at least 30 semester hours or 45 quarter credit hours of collegiate level study.

4. The doctoral degree shall be granted only after the successful completion of a minimum of three years of full-time graduate study or equivalent (90 semester hours or 135 quarter credit hours) beyond the bachelor's degree, including dissertation credits or research study.

5. Exceptions to these standards must be approved by the council. Proposed programs will be evaluated by the standards of similar programs in public or private postsecondary institutions.

6. 5. A student shall complete a minimum of 30% 25% of course work at the institution in order to be granted a degree from that institution.

7. 6. An institution that awards life or work experience credit shall have its related transfer policy approved by the council staff. No more than 30% 25% of the credit in a student's degree program may be awarded for life or work experience.

7. Exceptions to these standards must be approved by council staff. Proposed programs will be evaluated by the standards of similar programs in public or private postsecondary institutions.

C. B. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

1. For terminal occupational/technical occupational or technical programs leading to the Associate of Occupational Science (A.O.S.) degree, general education courses must compose at least 15% of the total credit hours required for the degree.

2. For terminal occupational/technical occupational or technical programs leading to the Associate of Applied Science (A.A.S.) degree, general education courses shall compose at least 25% of the total credit hours required for the degree.

3. For all university parallel associate degree programs, general education courses shall compose at least 25% of the total credit hours required for the degree, and required courses in the major field of study shall compose no more than 50% of the total credit hours required for the degree in a specific discipline.

D. C. Faculty must be qualified and appropriately credentialed as follows:

1. All instructional faculty teaching in a terminal occupational/technical program leading to the Associate of Applied Science (A.A.S.) or Associate of Occupational Science (A.O.S.) degree shall:

a. If teaching general education courses, hold a baccalaureate degree from an accredited college or university, plus at least 18 graduate credit hours in the discipline being taught.

b. If teaching occupational/technical courses, hold either (i) an associate degree from an accredited college or university in the discipline being taught or (ii) qualify for a faculty appointment by virtue of scholarly or professional achievements.

2. 1. All instructional faculty teaching in a college-transfer program at the associate level shall:

a. If teaching general education courses or in programs in the liberal arts and sciences, hold a baccalaureate degree from an accredited college or university, plus at least 18 graduate credit hours in the discipline being taught.

b. If teaching occupational/technical occupational or technical courses, hold a baccalaureate degree from an accredited college or university in the discipline being taught or qualify by virtue of professional or scholarly achievement.

3. 2. All instructional faculty members who teach in programs at the baccalaureate level shall: a. Hold hold a master's degree in the discipline being taught or hold a master's degree in an area other than that being taught with at least 18 graduate semester hours in the teaching discipline from an accredited college or university.

b. Exception to academic preparation requirements for instructional faculty may be made in instances where substantial documentation of professional and scholarly achievements and/or demonstrated competences in the discipline can be shown. The institution must document and justify any such exception.

4. 3. All instructional faculty teaching in a program at the master's level or higher shall hold a doctoral or other terminal degree in the discipline being taught from an accredited college or university.

4. Exception to academic preparation requirements for instructional faculty may be made in instances where substantial documentation of professional and scholarly achievements and/or or demonstrated competences in the discipline can be shown. The institution must document and justify any such exception.

E. D. In addition to the instructor qualifications in subsection D C of this section, the institution must certify that:

1. All instructional courses for degree credit require a minimum of 15 contact hours for each semester credit hour or a minimum of 10 contact hours for each quarter credit hour, or the equivalent, and an expectation for additional assignments beyond scheduled instructional activities.

2. The elective and required courses for each program are offered on a schedule and in a sequence that enables both full-time and part-time students to complete the program in a reasonable period of time.

3. The institution's instructional faculty at each location holds either full-time, part-time, or adjunct appointments.

4. 3. The institution's academic programs shall ensure that: (i) a properly credentialed and course qualified instructor teaches each course; (ii) a credentialed and course qualified academic advisor is available to meet the concerns of the student, and that a student contact by any method will elicit a response from the advisor within a reasonable timeline; (iii) (ii) continual curriculum development and oversight for each major and concentration/track concentration or track is maintained; and (iv) (iii) a program director is named and designated to oversee each program area.

5. 4. A plan is in place that ensures interaction between student and faculty, and among students.

F. E. All senior administrators must be individually qualified by education, experience, and record of conduct to assure ensure effective management, ethical practice, and the quality of degrees and services offered. The term "senior administrator" generally encompasses individuals who have administrative or managerial authority within an institution. This includes by function, but is not limited to titles of Chief Executive Officer, President, Chancellor, Dean, Provost, or Owner. Boards must collectively demonstrate financial, academic, managerial, and any necessary specialized knowledge, but individual members need not have all of these characteristics. Any controlling organization or owner is subject to this standard.

1. The senior administrators shall hold at least an earned baccalaureate degree from an accredited college or university and shall have sufficient experience to qualify for the position.

2. 1. Each branch site of the institution certified to operate in Virginia must designate one person as the branch/campus site director. a. The director must hold a baccalaureate degree from an accredited college or university with at least one year of experience in administration or institutional management.

b. Exception to academic preparation requirements for director may be made in instances where substantial documentation of professional and scholarly achievements and/or demonstrated competences in administration/institutional management can be shown. The institution must document and justify any such exception.

3. Duties of the director include, but are not limited to:

a. Be available at the school location for at least 50% of the operational time each week the school has students present unless an assistant director is available. If the school operates a site in Virginia, a director must be assigned to manage the site's operation; however, the director may designate a person at the site to handle day-to-day administrative matters in his absence.

b. Be responsible for the institution's program or programs, organization of classes, maintenance of the institutional facilities, maintenance of proper administrative records, signing documents pertaining to certification, and all other administrative matters related to certification.

c. Implicitly accepts knowledge of and responsibility for compliance with the Code of Virginia and its implementing regulations including, but not limited to, advertising, records maintenance, annual deadlines, and fee payments.

4. 2. Senior administrators in the positions described in this section must be of good reputation and character. A person is considered of good reputation and character if:

a. The person has no felony convictions related to the operation of a school;

b. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against him the person in his the person's individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

c. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing tuition refunds; and

d. The person has not knowingly falsified or withheld information from the council.

5. 3. Administrative personnel must be appropriately experienced, and educated in the field for which they are hired, or receive documented, relevant training within the first year of employment. Administrative personnel generally encompasses individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, but is not limited to, titles of financial aid administrator;, director of admissions;, director of education; business officer or manager;, director of student services (including counseling and placement), and the registrar.

8VAC40-31-150. Certification criteria for career-technical non-college degree schools.

A. The criteria in this section shall apply to each career-technical school for which certification is required.

B. A. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

C. B. Faculty, if teaching technical courses for career-technical non-college degree programs not leading to a degree and not offered as degree credit, must either (i) hold an associate degree from an accredited college or university in the discipline being taught or (ii) possess a minimum of two years of technical/occupational technical or occupational experience in the area of teaching responsibility or a related area. The instructor must hold the appropriate certificate or license in the field, if certification or licensure is required to work in the field.

D. C. In addition to the instructor qualifications in subsection C B of this section, the career-technical non-college degree school must certify that:

1. Courses of study conform to state, federal, trade, or manufacturing standards of training for the occupational fields in which such standards have been established or conform to recognized training practices in those fields.

2. A plan is in place that ensures interaction between student and faculty, and among students.

E. D. Administrators must demonstrate their qualifications for their the administrator's particular responsibilities through educational background, and relevant work experience, or record of accomplishments in previous educational work settings. Owners and administrators must be of good reputation and character. A person is considered of good reputation and character if:

1. The person has no felony convictions related to the operation of a school;

2. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against him in his individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

3. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing refunds; and

4. The person has not knowingly falsified or withheld information from the council.

8VAC40-31-160. Certification criteria for all postsecondary schools.

A. The criteria in this section shall apply to all postsecondary schools for which certification is required. With regard to postsecondary schools that are accredited by an accrediting agency recognized by the U.S. Department of Education, the council may apply a presumption of compliance with criteria in this section if the school has complied with an accreditation standard directed to the same subject matter as the criteria. The council need not apply this presumption if the accreditation standard is deficient in satisfying an identifiable goal of the council. The council shall articulate reasons that the accreditation standard is deficient.

B. The postsecondary school shall have a clear, accurate, and comprehensive written statement, which shall be available to the public upon request. The statement minimally shall include, at a minimum, the following items:

1. The history and development of the postsecondary school;

2. An identification of any persons, entities, or institutions that have a controlling ownership or interest in the postsecondary school;

3. The purpose mission of the postsecondary school, including a statement of the relative degree of emphasis on instruction, research, and public service as well as a statement demonstrating that the school's proposed offerings are consistent with its stated purpose;

4. A description of the postsecondary school's distance education activities including telecommunications activities away from its principal location, and a list of all program areas in which courses are offered away from the principal location, if applicable;

5. A list of all locations in Virginia at which the postsecondary school offers courses and a list of the degree and nondegree programs currently offered or planned to be offered in Virginia programs in Virginia;

6. For each Virginia location, and for the most recent academic year, the total number of students who were enrolled as well as the total number and percentage of students who were enrolled in each program offered;

7. For each Virginia location, the total number of students who completed or graduated from the school as of the end of the last academic year and the total number and percentage of students who completed or graduated from each program offered by the school as of the end of the last academic year; and

8. For unaccredited institutions of higher education and career-technical non-college degree schools only, the total number of students who report employment in their the field of study within (i) six months of completion or graduation and (ii) one year of completion or graduation.

C. The postsecondary school or branch shall have a current, written document available to students and the general public upon request that accurately states the powers, duties, and responsibilities of:

1. The governing board or owners of the school;

2. The chief operating officer, president, or director at that branch in Virginia;

3. The principal administrators and their credentials at that branch site in Virginia; and

4. The students, if students participate in school governance.

D. C. The postsecondary school shall have, maintain, and provide to all applicants a policy document accurately defining the minimum requirements for eligibility for admission to the school and for acceptance at the specific degree level or into all specific degree programs offered by the postsecondary school that are relevant to the school's admissions standards. In addition, the and admission into each degree level offered and for acceptance into programs with additional admission requirements. The document shall explain:

1. The standards for academic credit or course completion given for experience; and

2. The criteria for acceptance of transfer credit where applicable;.

3. The criteria for refunds of tuition and fees;

4. Students' rights, privileges, and responsibilities; and

5. The established grievance process of the school, which shall indicate that students should follow this process and may contact council staff to file a complaint about the school as a last resort. The written policy shall include a provision that students will not be subjected to adverse actions by any school officials as a result of initiating a complaint.

E. D. The postsecondary school shall maintain records on all enrolled students. At a minimum, these records shall include:

1. Each student's application for admission and admissions records containing information regarding the educational qualifications of each regular student admitted that are relevant to the postsecondary school's admissions standards. Each student record must reflect the requirements and justification for admission of the student to the postsecondary school. Admissions records must be maintained by the school, its successors, or its assigns for a minimum of three years after the student's last date of attendance.

2. An original agreement titled "Student Enrollment Agreement" signed by the student and an authorized representative of the school. The use of electronic signatures is permissible so long as the use complies with § 59.1-479 § 59.1-483 of the Code of Virginia. A copy of the completed enrollment agreement shall be given to the student upon execution.

a. At the time of enrollment, the agreement shall contain, at a minimum:

(1) Student name, address, and phone telephone number;

(2) Institution name, address, and phone telephone number;

(3) Name of the educational program, start date, and the total number of credit hours or clock hours to complete the program of study and type of credential awarded upon completion (certificate, diploma, or degree);

(4) Estimated cost of all institutional charges and fees, including tuition, fees, equipment charges, supplies, textbooks, and uniforms;

(5) The institution's refund policy, which must be in compliance with subsection N K of this section;

(6) A labeled section titled "STUDENT'S RIGHT TO CANCEL" that shall provide the terms for cancellation. Specifically:

(a) The school shall provide a period of at least three business days, excluding weekends and holidays, by which the student applicant must cancel in order to receive refund of all moneys money paid less minus a nonrefundable fee not to exceed $100. The actual date by which the student applicant must cancel shall be specified in the agreement.

(b) The school shall disclose that following the cancellation period, a student applicant may cancel his the enrollment agreement, by written notice, at any time prior to the first class day of the session for which application was made. When cancellation is requested under these circumstances, the school will refund all tuition paid by the student, less minus a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less;

(7) A notice stating that the transferability of credit and credentials earned is at the sole discretion of the receiving institution;

(8) For enrollees in programs leading to professional licensure, the school shall disclose annual pass rates for first time first-time test takers for the last three years, if applicable. If results are not available, the school must provide a written explanation. This disclosure must be signed by the student;

(9) A statement informing students of the institution's grievance policy;

(10) A statement informing students that the institution is certified to operate by SCHEV the council and providing full contact information for the council;

(11) A statement that reads: "By signing below, I certify that I have been provided access to the institution's electronic or print catalog, bulletin, or brochure.";

(12) A statement that reads: "I understand that this is a legally binding agreement. My signature below certifies that I have read, understood, and agreed with my rights and responsibilities. Further, I certify that I understand the institution's cancellation and refund policies and I understand and agree to these policies."; and

(13) Following the statement in subdivision E 2 a (12) of this section subsection, the document provides places for signatures of the student and authorized representative of the school and date the document was signed.

b. A new enrollment agreement must be completed in the event that the student (i) delays his the student's start date, (ii) changes the program of enrollment, or (iii) drops from the program and reenrolls at a later date.

c. No postsecondary school shall condition the enrollment of a student on:

(1) Entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or

(2) Entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.

3. A transcript of the student's academic or course work at the school, which shall be retained permanently in either hard copy forms or in an electronic database with backup by the school, its successors, or its assigns.

4. A record of student academic or course progress at the school including programs of study, dates of enrollment, courses taken and completed, grades, and indication of the student's current status (graduated, probation, etc.) must be retained permanently. Any changes or alterations to student records must be accurately documented and signed by an appropriate school official.

5. 4. A record of all financial transactions between each individual student and the school including payments from the student, payments from other sources on the student's behalf, and refunds. Fiscal records must be maintained for a minimum of three years after the student's last date of attendance. When tuition and fees are paid by the student in installments, a clear disclosure of truth-in-lending statement must be provided to and signed by the student.

6. 5. The school shall make the documents referenced in subdivisions 1 through 5 4 of this subsection available to the student upon request. Academic transcripts shall be provided upon request if the student is in good financial standing.

F. E. Each school shall provide or make available to students, prospective students, and other interested persons a catalog, bulletin, brochure, or electronic media containing, at a minimum, the following information:

1. The number of students enrolled in each program offered.

2. For each Virginia location, the total number of students who completed or graduated from the school as of the end of the last academic year and the total number and percentage of students who completed or graduated from each program offered by the school as of the end of the last academic year.

3. 1. A description of any financial aid scholarships or grants offered by the school including repayment obligations, and a description of federal financial aid available to students, if applicable. The school shall disclose the standards of academic progress required for continued participation in the program, sources of loans or scholarships, the percentage of students receiving federal financial aid (if applicable) and the average student indebtedness at graduation programs.

4. 2. A broad description, including academic or career-technical objectives of each program offered, the number of hours of instruction in each subject and total number of hours program objectives, number of hours or credits required for course program completion, course descriptions, the number of hours or credits of instruction for each course, and a statement of the type of credential awarded.

5. 3. A statement of tuition and fees and other charges related to enrollment, such as deposits, fees, books and supplies, tools and equipment, and any other charges for which a student may be responsible. These charges are to be applied uniformly to all similarly circumstanced students.

6. 4. The school's refund policy for tuition and fees pursuant to subsection N K of this section.

7. 5. The school's procedures for handling complaints, including procedures to ensure that a no student will not be subject to unfair actions as a result of his the student's initiation of a complaint proceeding. The policy shall include a statement that students may contact council staff as a last resort in the complaint process.

8. 6. The name and address of the school's accrediting body, if applicable.

9. 7. The minimum requirements for satisfactory completion of each degree level and degree program, or nondegree certificates or diplomas.

10. A statement that accurately describes the transferability of any courses.

11. A statement that accurately represents the transferability of any diplomas, certificates, or degrees offered by the school.

12. 8. If the institution offers programs leading to the Associate of Applied Science or Associate of Occupational Science degree, a statement that these programs are terminal occupational or technical programs and that credits generally earned in these programs are not applicable to other degrees.

13. 9. The academic or course work schedule calendar for the period covered by the publication.

14. 10. A statement that accurately details the type and amount of career advising and placement services offered by the school.

15. 11. The name, location, and address of the main campus, branch, or instructional site all sites operating in Virginia.

12. A statement regarding student rights and responsibilities.

G. F. The school must have a clearly defined process by which the curriculum is established, reviewed, and evaluated. Evaluation of school effectiveness must be completed on a regular basis and must include:

1. An explanation of how each program is consistent with the mission of the school.

2. 1. An explanation of the written process for evaluating each degree level and program, or career-technical program, once initiated and an explanation of the procedures for assessing the extent to which the educational goals are being achieved.

3. 2. Documented use of the results of these evaluations to improve the degree and career-technical non-college degree programs offered by the school.

H. G. Pursuant to § 23.1-215 of the Code of Virginia, the school must maintain records that demonstrate it that the school is financially sound; exercises proper management, financial controls, and business practices; and can fulfill its commitments for education or training. The school's financial resources should be characterized by stability, which indicates the school is capable of maintaining operational continuity for an extended period of time. The stability indicator that will be used is the USDOE Financial Ratio (composite score).

1. Institutions of higher education Certified schools shall provide the results of an annual audited, reviewed, or compiled financial statement. Career-technical Non-college degree schools shall provide the results of an annual audited, reviewed or compiled financial statement or the school may elect to provide financial information on forms provided by council staff. The financial report shall be prepared in accordance with generally accepted accounting principles (GAAP) currently in effect. The financial report shall cover the most recent annual accounting period completed.

2. The USDOE indicator that will be used to assess financial stability is the U.S. Department of Education (USED) composite score, which has a range is of -1.0 to 3.0. Schools with a score of 1.5 to 3.0 fully meet fully the stability requirement in subsection I H of this section; scores between 1.0 and 1.4 meet the minimum expectations; and scores less than 1.0 do not meet the requirement and shall be immediately considered for audit.

I. Pursuant to § 23.1-215 of the Code of Virginia, the school H. Certified schools shall have and maintain a surety instrument issued by a surety company or banking institution authorized to transact business in Virginia that is adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with the instrument claim. The instrument shall be based on the non-Title IV funds that have been received from students or agencies for which the education has not yet been delivered. This figure shall be indicated in an audited financial statement as a Current (non-Title IV) Tuition Liability. A school certified under this regulation chapter shall be exempt from the surety instrument requirement if it can demonstrate a USDOE USED composite financial responsibility score of 1.5 or greater on its current financial statement; or if it can demonstrate a composite score between 1.0 and 1.4 on its current financial statement and has scored at least 1.5 on a financial statement in either of the prior two years. The school's eligibility for the surety waiver shall be determined annually, at the time of recertification.

1. Public postsecondary schools originating in a state other than Virginia that are operating a branch campus or instructional site in the Commonwealth of Virginia are exempt from the surety bond requirement.

2. New schools and unaccredited existing schools must complete at least five calendar years of academic instruction or certification to qualify for the surety waiver or exemption.

3. Existing schools seeking a waiver of the surety instrument requirement must submit an audited financial statement for the most recent fiscal year end that reflects the appropriate composite score as indicated in this subsection.

J. The school shall have a current written policy on faculty accessibility that shall be distributed to all students. The school shall ensure that instructional faculty are accessible to students for academic or course advising at stated times outside a course's regularly scheduled class hours at each branch and throughout the period during which the course is offered.

K. All recruitment personnel must provide prospective students with current and accurate information on the school through the use of written and electronic materials and in oral admissions interviews:

1. The school shall be responsible and liable for the acts of its admissions personnel.

2. No school, agent, or admissions personnel shall knowingly make any statement or representation that is false, inaccurate or misleading regarding the school.

L. I. All programs offered via telecommunications or distance education must be comparable in content, faculty, and resources to those offered in residence and must include regular student-faculty interaction by computer, telephone, mail, or face-to-face meetings appropriate means. Telecommunication Distance education programs and courses shall adhere to the following minimum standards:

1. The educational objectives for each program or course shall be clearly defined, simply stated, and of such a nature that they can be achieved through telecommunications distance education.

2. Instructional materials and technology methods must be appropriate to meet the stated objectives of the program or course. The school must consider and implement basic online navigation of any course or program, an information exchange privacy and safety policy, a notice of minimum technology specification for students and faculty, proper system monitoring, and technology infrastructure capabilities sufficient to meet the demands of the programs being offered.

3. The school shall provide faculty and student training and support services specifically related to telecommunication distance education activities.

4. The school shall provide for methods for timely interaction between students and faculty.

5. The school shall develop standards that ensure that accepted students have sufficient background, knowledge, and technical skills to successfully undertake a telecommunications distance education program.

M. J. The school shall maintain and ensure that students have access to a library with a collection, staff, services, equipment, and facilities that are adequate and appropriate for the purpose and enrollment of the school. Library resources shall be current, well distributed among fields in which the institution offers instructions, cataloged, logically organized, and readily located. The school shall maintain a continuous plan for library resource development and support, including objectives and selections of materials. Current and formal written agreements with other libraries or with other entities may be used. Institutions offering graduate work shall provide access to library resources that include basic reference and bibliographic works and major journals in each discipline in which the graduate program is offered. Career-technical schools shall provide adequate and appropriate resources for completion of course work.

N. In accordance with § 23.1-215 of the Code of Virginia, the school K. Certified schools shall establish a tuition refund policy and communicate it to students. Each school shall establish, disclose, and utilize a system of tuition and fee charges for each program of instruction. These charges shall be applied uniformly to all similarly circumstanced students. This requirement does not apply to group tuition rates to business firms, industry, or governmental agencies that are documented by written agreements between the school and the respective organization.

1. The school shall adopt a minimum refund policy relative to the refund of tuition, fees, and other charges. All fees and payments, with the exception of the nonrefundable fee described in subdivision 2 of this subsection, remitted to the school by a prospective student shall be refunded if the student is not admitted, does not enroll in the school, does not begin the program or course, withdraws prior to the start of the program, or is dismissed prior to the start of the program.

2. A school may require the payment of a reasonable nonrefundable initial fee, not to exceed $100, to cover expenses in connection with processing a student's enrollment, provided it the school retains a signed statement in which the parties acknowledge their understanding that the fee is nonrefundable. No other nonrefundable fees shall be allowed prior to enrollment.

3. The school shall provide a period of at least three business days, excluding weekends and holidays, during which a student applicant may cancel his enrollment without financial obligation other than the nonrefundable fee described in subdivision 2 of this subsection.

4. Following the period described in subdivision 3 of this subsection, a student applicant (one who has applied for admission to a school) may cancel enrollment, by written notice, his enrollment at any time prior to the first class day of the session for which application was made. When notification of cancellation is requested provided under these circumstances, the school is required to shall refund all tuition paid by the student, less a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less. A student applicant will be considered a student as of the first day of classes.

5. The date of the institution's determination that the student withdrew should that the institution determined that the student withdrew shall be no later than 14 calendar days after the student's last date of attendance as determined by the institution from its attendance records. The institution is not required to administratively withdraw a student who has been absent for 14 calendar days. However, after 14 calendar days, the institution is expected to have determined whether the student intends to return to classes or to withdraw. In addition, if the student is eventually determined to have withdrawn, the, unless the student is on an approved leave of absence. The end of the 14-day 14-calendar-day period begins the timeframe for calculating the refunds a refund. In the event that a written notice is submitted, the effective date of termination shall be student submits a written notice withdrawing from the school, the date of the written notice shall be used to calculate the refund. The school may require that written notice be transmitted via registered or certified mail, or by electronic transmission provided that such a stipulation is contained in the written enrollment contract. The school is required to submit shall provide refunds to individuals who have terminated their status as students within 45 days after receipt of a written request or the date the student last attended classes, whichever is sooner. An institution that provides the majority of its program offerings through distance learning shall have a plan for student termination, which shall be provided to council staff for review with its annual or recertification application.

6. In the case of a prolonged illness or accident, death in the family, or other special circumstances that make attendance impossible or impractical, a leave of absence may be granted to the student if requested in writing by the student or designee. No monetary charges or accumulated absences may be assessed to the student during a leave of absence. A school need not treat a leave of absence as a withdrawal if it is an approved leave of absence. A leave of absence is an approved leave of absence if:

a. The school has a formal, published policy regarding leaves of absence;

b. The student followed the institution's policy in requesting the leave of absence and submits a signed, dated request with the reasons for the leave of absence;

c. The school determines that there is a reasonable expectation that the student will return to the school;

d. c. The school approved the student's request in accordance with the published policy;

e. d. The school does not impose imposes no additional charges to the student as a result of the leave of absence;

f. e. The leave of absence does not exceed 180 days in any 12-month period; and

g. f. Upon the student's return from the leave of absence, the student is permitted to complete the coursework he began begun prior to the leave of absence.

7. If a student does not resume attendance at the institution on or before the end of an approved leave of absence, the institution must treat the student as a withdrawal, and the date that the leave of absence was approved should be considered the last date of attendance for refund purposes.

8. The minimum refund policy for a school that financially obligates the student for a quarter, semester, trimester, or other period not exceeding 4-1/2 calendar months shall be as follows:

a. For schools that utilize an add/drop period, a student who withdraws during the add/drop period shall be entitled to 100% refund for the period.

b. For unaccredited schools and schools that do not utilize an add/drop period:

(1) A student who enters school but withdraws during the first 1/4 (25%) of the period is entitled to receive as a refund a minimum of 50% of the stated cost of the course or program for the period.

(2) A student who enters a school but withdraws after completing 1/4 (25%), but less than 1/2 (50%) of the period is entitled to receive as a refund a minimum of 25% of the stated cost of the course or program for the period.

(3) A student who withdraws after completing 1/2 (50%), or more than 1/2 (50%), of the period is not entitled to a refund.

9. The minimum refund policy for a school that financially obligates the student for the entire amount of tuition and fees for the entirety of a program or course shall be as follows:

a. A student who enters the school but withdraws or is terminated during the first quartile (25%) of the program shall be entitled to a minimum refund amounting to 75% of the cost of the program.

b. A student who withdraws or is terminated during the second quartile (more than 25% but less than 50%) of the program shall be entitled to a minimum refund amounting to 50% of the cost of the program.

c. A student who withdraws or is terminated during the third quartile (more than 50% but less than 75%) of the program shall be entitled to a minimum refund amounting to 25% of the cost of the program.

d. A student who withdraws after completing more than three quartiles (75%) of the program shall not be entitled to a refund.

10. The minimum refund policy for a school that offers its programs completely via telecommunications or distance education shall be as follows:

a. For a student canceling after the 5th calendar day following the date of enrollment but prior to receipt by the school of the first completed lesson assignment, all moneys paid to the school shall be refunded, except the nonrefundable fee described in subdivision 2 of this subsection.

b. If a student enrolls and withdraws or is discontinued after submission of the first completed lesson assignment, but prior to the completion of the program, minimum refunds shall be calculated as follows:

(1) A student who starts the program but withdraws up to and including completion of the first quartile (25%) of the program is entitled to receive as a refund a minimum of 75% of the stated cost of the course or program for the period.

(2) A student who starts the program but withdraws after completing up to the second quartile (more than 25%, but less than 50%) of the program is entitled to receive as a refund a minimum of 50% of the stated cost of the course or program for the period.

(3) A student who starts the program but withdraws after completing up to the third quartile (more than 50%, but less than 75%) of the program is entitled to receive as a refund a minimum of 25% of the stated cost of the course or program for the period.

(4) A student who withdraws after completing the third quartile (75%) or more of the program is not entitled to a refund.

c. The percentage of the program completed shall be determined by comparing the number of completed lesson assignments received by the school to the total number of lesson assignments required in the program.

d. If the school uses standard enrollment terms, such as semesters or quarters, to measure student progress, the school may use the appropriate refund policy as provided in subdivision 8 or 9 of this subsection.

11. Fractions of credit for courses completed shall be determined by dividing the total amount of time required to complete the period or the program by the amount of time the student actually spent in the program or the period, or by the number of correspondence course lessons completed, as described in the contract.

12. 10. Expenses incurred by students for instructional supplies, tools, activities, library, rentals, service charges, deposits, and all other charges are not required to be considered in tuition refund computations when these expenses have been represented separately to the student in the enrollment contract and catalogue, or other documents, catalog prior to enrollment in the course or program. The school shall adopt and adhere to reasonable policies regarding the handling of these expenses when calculating the refund.

13. For programs longer than one year, the policy outlined in subdivisions 9, 10, and 11 of this subsection shall apply separately for each academic year or portion thereof.

14. Schools shall comply with the cancellation and settlement policy outlined in this section, including promissory notes or contracts for tuition or fees sold to third parties.

15. When notes, contracts or enrollment agreements are sold to third parties, the school shall continue to have the responsibility to provide the training specified regardless of the source of any tuition, fees, or other charges that have been remitted to the school by the student or on behalf of the student.

O. L. The school shall keep relevant academic transcripts for all teaching faculty to document that each has the appropriate educational credentials in the area of teaching responsibility. In the event teaching qualification is based on professional competencies or scholarly achievements, relevant documentation to support reported experience must be retained by the school.

P. M. If an internship, externship, or production work is necessary as a part of the school's education program, the school must adhere to the following:

1. When programs contain internships or externships, in any form, the professional training must:

a. Be identified as part of the approved curriculum of the school and be specified in terms of expected learning outcomes in a written training plan.

b. Be monitored by an instructor of record during the entire period of the internship.

c. Not be used to provide labor or as replacement for a permanent employee.

d. Be performed according to a specified schedule of time required for training, including an expected completion date.

e. If the internship, externship, or production work is part of the course requirement, the student may not be considered as a graduate or issued a graduation credential until the internship, externship, or production work has been satisfactorily completed.

2. When receiving compensation for services provided by students as part of their the education program, the school must clearly inform customers that services are performed by students by (i) posting a notice in plain view of the public or (ii) requiring students to wear nametags that identify them as students while performing services related to their training.

Q. N. An institution shall notify seek approval from council staff of the following occurrences no later than 30 days prior to said occurrence before:

1. Addition of Adding new programs or modifications to modifying existing program programs. Program names must adhere to the CIP taxonomy maintained by the National Center for Education Statistics.

2. Addition of Opening a new branch location site or instructional site location.

3. Address change Changing the address of a branch site or instructional site location in Virginia.

Notification of the occurrences in this subsection shall be submitted in writing on forms provided by and in a manner prescribed by the council.

R. O. An institution shall notify the council of the following occurrences no later than 30 days following said occurrence.

1. Naming of new school president.

2. Naming of new campus or branch site director.

3. Naming of person responsible for the regulatory oversight of the institution.

8VAC40-31-165. Equipment and facilities. (Repealed.)

A. All buildings where courses of instruction are being conducted must comply with all municipal, county, state, and federal regulations as to fire, safety, health, and sanitation codes or regulations.

B. Lighting, heating, and ventilation must meet institutional needs. The equipment and facilities must be suitable to meet the training specified in the course content for the maximum student enrollment. Where applicable, all equipment, premises, and facilities must be maintained in conformity with state and federal rules and regulations.

C. Equipment shall be maintained in good working order.

8VAC40-31-170. Initial certification, recertification, and change of ownership.

A. An No institution shall not use the term "college" or "university" or words of similar meaning until it the institution has received acknowledgment approval from council staff that the name is not in violation of 8VAC40-31-20.

1. A school may not use the term "college" in its name unless the school has been approved or seeks to offer programs at the associate degree or above.

2. A school may not use the term "university" in its name unless the school has been approved or seeks to offer programs at the master's degree or above.

3. 1. The council may refuse to approve a name change when, in the council's judgment, the proposed name is likely to mislead the public about the school's identity or the nature of its the school's programs.

4. 2. A school seeking certification must notify council staff receive approval from the council of its the school's proposed name prior to filing such name with the Virginia State Corporation Commission.

5. 3. Prior to receiving certification to operate, a copy of the school's certificate from the Virginia State Corporation Commission authorizing it the school to transact business in the Commonwealth under the acknowledged name must be submitted to council staff.

B. A school shall not operate in the Commonwealth of Virginia without first receiving certification to operate from the council. Certified schools shall not enter into any agreement to deliver or develop courses or programs of study in Virginia with noncertified postsecondary schools.

C. B. An out-of-state postsecondary school seeking certification to operate in the Commonwealth of Virginia must secure written documentation from the higher education coordinating or approving agency in the state or country in which the school is formed, chartered, established, or incorporated indicating that the school is operating in good standing. If the school formerly operated in another state or country but is not operating there at the time of its application to operate in Virginia, the school must secure from the higher education coordinating or approving agency documentation that it closed in good standing and would be allowed to reestablish a postsecondary school in that state or country. These written documentations must be provided to council staff.

D. C. A school submitting its an initial application for certification will have 180 days to complete the application process, after which time its the application will be withdrawn by the council and it the school will receive a refund of the application fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.

E. D. All certifications shall expire on the certificate expiration date. Applications for recertification must be submitted to council staff at least 60 days prior to the expiration date of the current certification. If a school allows its certification to operate to expire, the school shall not be eligible for recertification and must submit an application for initial certification, including the appropriate application fee.

F. E. Certification is not transferable. In the event of a change of ownership of a certified school, the new owner or governing body must secure certification. The school must apply for certification within 45 60 business days following a change of ownership. During the 45-day 60-day period and the time required for the council staff to process the new application, up to and not exceeding 90 days, the old certification shall remain in effect provided that no changes have been made in the academic programs, policies, or financial considerations such that the change would constitute or create a violation of council's policies.

1. The following constitutes a change of ownership:

a. Purchase of the entire school or assets of school.

b. Transfer, sale, or purchase of stock, membership, or other direct or beneficial ownership interest by a single entity or by multiple entities in a single transaction or a series of transactions that results in at least 51% change in control.

2. The acquisition of an interest in a certified school by bequest, descent, survivorship, or operation of law does not constitute a change of ownership. However, the person acquiring the ownership interest shall send written notice to the council of such acquisition within 30 days of its the school's closing or validation. The council may determine on a case-by-case basis that other similar transfers may not constitute a change of ownership.

3. New school owners are responsible for maintaining and servicing all student records that were the responsibility of the prior owners of the school respecting all legal obligations incurred by the school under the prior owners under 8VAC40-31-170, including preservation of student records, resolution of student complaints, and enrollment or other financial agreements.

4. New school owners are responsible for resolving all student complaints that were the responsibility of the prior owners of the school or that were filed with the council prior to the final approval of the change of ownership.

5. New school owners are responsible for honoring the terms of current student enrollment agreements, institutional scholarships, or institutional grants for all students who were enrolled or taking classes at the time the change of ownership took place.

G. F. Council staff will process all applications, conduct the site visit, and provide notice to applicants within 45 business 60 days of receipt of a completed application package. Approval of the certificate to operate by the council is subject to scheduling of council meetings and other factors affecting the agendas of council meetings.

H. G. Valid-through dates of certificates to operate and due dates of recertification applications are as follows:

1. Out-of-state private degree-granting and career-technical non-college degree school certificates are valid for one year beginning on September 1 of the calendar year and ending on August 31 of the following calendar year. Applications are due not later than July 2.

2. Out-of-state public institution certificates are valid for one year beginning on September 15 of the calendar year and ending on September 14 of the following calendar year. Applications are due not later than July 16.

3. In-state private nonprofit institution certificates are valid for one year beginning on October 1 of the calendar year and ending on September 30 of the following calendar year. Applications are due not later than August 2.

4. In-state proprietary degree-granting and career-technical non-college degree school certificates are valid for one year beginning on October 15 of the calendar year and ending on October 14 of the following calendar year. Applications are due not later than August 16.

5. In-state proprietary career-technical non-college degree school certificates (letters A-D A through D) are valid for one year beginning on November 1 of the calendar year and ending on October 31 of the following calendar year. Applications are due not later than September 2.

6. In-state proprietary career-technical non-college degree school certificates (letters E-P E through P) are valid for one year beginning on November 15 of the calendar year and ending on November 14 of the following calendar year. Applications are due not later than September 16.

7. In-state proprietary career-technical non-college degree school certificates (letters Q-Z Q through Z and others) are valid for one year beginning on December 1 of the calendar year and ending on November 30 of the following calendar year. Applications are due not later than October 2.

8VAC40-31-180. Application requirements.

A. Each certification to operate attests that the school is in compliance with Chapter 21.1 (§ 23-276.1 et seq.) of Title 23 of the Code of Virginia and with this chapter.

B. A. To apply for certification, the following information must be submitted:

1. A completed certification application package provided by council staff.

2. A statement regarding the school's accreditation status, if applicable.

a. Career-technical schools must provide a statement that the courses of study offered conform to state, federal, trade, or manufacturing standards of training for the occupational fields in which such standards have been established or that courses conform to recognized training practices in those fields.

b. a. Out-of-state institutions and career-technical schools requesting initial certification of higher education must be accredited by an accrediting organization recognized by the U.S. Department of Education (USDOE) (USED) and must provide evidence that there has been no determination of limitation, suspension, revocation, or termination by the USDOE, an accrediting body, or a state regulatory body against the school within the past five years include documentation of any adverse action by USED, an accrediting body, or state regulatory authority within the past five years.

c. b. Unaccredited in-state institutions that offer courses for degree credit and existing unaccredited out-of-state career-technical schools of higher education must submit a plan of action for securing accreditation from an organization recognized by the USDOE, including the name of the accrediting organization and timeframe USED. In order to remain eligible for certification, the postsecondary school must secure, at a minimum, candidacy status or equivalent within three years of its the school's initial date of certification, and initial accreditation no later than six years after initial certification. Changes to the plan of action timeframe for accreditation will be granted only at the discretion of the council.

d. Unaccredited in-state institutions of higher education that undergo a change of ownership during the time period covered by the plan of action for securing accreditation, and that wish to remain eligible for certification under new ownership, will remain on the plan of action timeframe established by the former ownership. This plan of action timeframe begins from the initial date of certification under the former ownership and encompasses the accreditation dates established in the plan of action put into place by the former ownership. No additional time will be granted for obtaining the minimum level of accreditation required of the plan of action due to the change in ownership. Changes to the plan of action timeframe for accreditation will not be granted except at the discretion of the council.

3. A transacted surety instrument form, with the State Council of Higher Education for Virginia named as the obligee.

4. A three-year projected budget that indicates that the school is capable of maintaining operational continuity for up to three years. The budget should demonstrate:

a. That the individual, partnership, or corporation that owns the school is solvent and has the financial capacity to support the operation; and

b. A positive net worth, accompanied by a reasonable debt to equity debt-to-equity ratio.

5. A completed checklist, signed and dated, acknowledging full compliance with certification criteria, along with a notarized attestation statement signed by the chief executive officer or equivalent.

6. A company check in the correct, nonrefundable amount made payable to the Treasurer of Virginia.

7. 5. A copy of the school's certificate, if incorporated, from the Virginia State Corporation Commission providing authorization to transact business within the Commonwealth.

8. 6. For schools whose main campus is not in Virginia, a copy of the school's authorization to operate from the state agency in which its the school's main campus is domiciled. No institution found to be operating illegally in another state shall be certified to operate in Virginia. An institution that has lost its legal authority to operate in another state shall be required to submit written documentation that describes the circumstances under which its authority was lost and to submit written documentation of the steps taken to remedy these circumstances before making application for certification in Virginia.

9. 7. A complete listing of all sites, along with their addresses, phone telephone numbers (if applicable), and programs offered at the site.

10. 8. For new postsecondary school applicants, a signed and notarized statement provided by the president or CEO, that attests to any previous involvement in the operation of a postsecondary school or any previous involvement by any administrator, owner, controlling shareholder, or member of the school's governing board in the operation of a postsecondary school. At a minimum, this statement shall include the name(s) of previous schools, the dates of the involvement, the positions held within the school, the location, the status (open/closed, and accredited/nonaccredited) of the school, any known violation of federal or state financial aid rules by the school, any known violations of the policies of an accreditor of the school, any bankruptcy filings by the school, and conviction or civil penalty levied by any legal entity in connection with this or any other educational entity in which he was employed or invested.

11. 9. A complete list of all diploma, certificate, or degree program offerings during the valid period of the certification. This list shall consist of the number of hours required for completion of each program, the Classification of Instructional Programs (CIP) Code where applicable, and the type of program and degree.

a. New and unaccredited schools Schools must also include their estimated annual enrollment projections and number of students per program; and

b. Schools that are renewing certificates to operate shall include from the previous year the following information:

(1) The number of degrees, certificates, or diplomas conferred for each program offered by the school at its the school's Virginia facility site.

(2) The number of students graduating and the number enrolled at its the school's Virginia facility. site; and

c. Unaccredited institutions of higher education and career-technical non-degree schools shall include, from follow-up surveys of graduates, the number of students reporting placement in jobs relating to their field of study within six months; and one year of graduation.

C. An existing postsecondary school licensed by any other state agency empowered by the Code of Virginia to license the school, its teachers or curriculum, or both, must become certified prior to enrolling any student into a course for degree credit or program of study. The school must submit an application for certification to operate that shall contain all of the requirements outlined in 8VAC40-31-160 B and C.

D. When a branch campus of a school is under different ownership or different school name than the main campus of the school, the branch campus must submit an application for certification to operate and must pay a separate certification fee than the main campus of the school.

E. B. Any proprietary postsecondary school must provide evidence of a valid business license from the locality within which it the school seeks to operate. If and when council receives confirmation that a school is operating without the required business license, council shall take action as required by § 23-276.15 of the Code of Virginia.

F. C. All postsecondary schools seeking certification to operate in Virginia must undergo and successfully complete a site visit prior to the issuance of the certificate to operate.

8VAC40-31-190. Withdrawal of application by a postsecondary school.

A. A school that has submitted an application to the council may withdraw that application without prejudice at any time.

B. Withdrawal of an application by a school shall result in revocation by the council of all authorizations associated with that application that previously had been granted to the school.

C. A school that has withdrawn an application may submit, at any time and without prejudice, a new application to the council in accordance with Part V (8VAC40-31-130 et seq.) of this chapter.

D. A school that withdraws an application prior to receiving notification of certification will receive a refund of the filing fee minus an a nonrefundable administrative processing fee as listed in 8VAC40-31-260 D.

8VAC40-31-193. Loss of accreditation. (Repealed.)

A. In the event of the loss of accreditation of a certified school, the council will move to revoke the school's certificate to operate.

B. The council may waive the revocation provided the school does the following within 30 days of the loss of accreditation:

1. Provide council staff with a copy of the accreditor's letter and full report explaining the reason for the revocation;

2. Provide council staff with a written explanation why the loss of accreditation should not impact the school's certification to operate in Virginia and any supporting documentation; and

3. Submit to an audit to determine compliance with the council's regulations.

C. Council staff shall consider the accreditor's report, the school explanation for the loss of accreditation, and the findings of the audit to prepare a report for the council that recommends:

1. Initiate revocation of the school's certificate to operate; or

2. Grant conditional certification, during which time the school may not enroll new students. The terms of the conditional certification will be fixed at staff discretion based upon their findings.

D. The school must maintain a surety instrument during the totality of the conditional certification period.

E. The school shall provide written notification to all enrolled students of its loss of accreditation from its accrediting body and of its provisional certification status with the council.

F. The school shall be eligible to apply for full certification upon meeting the following conditions:

1. Provide documentation that the issues causing the loss of accreditation have been resolved.

2. Demonstrate full compliance to the provisions of this chapter by virtue of an audit during the conditional certification period.

8VAC40-31-195. Suspension or revocation Revocation of certificate to operate.

A. The council may (i) suspend, revoke, or refuse to issue or renew a certificate to operate; or (ii) modify the certificate to operate to conditional; or (iii) impose a penalty pursuant to § 23-276.12 § 23.1-228 of the Code of Virginia for any one or combination of the following:

1. Violation of any provision of this chapter pursuant to § 23-276 § 23.1-225 of the Code of Virginia, the council's minimum standards, or any rule made by the council.

2. Furnishing of false, misleading, deceptive, altered, or incomplete information or documents to the council or to students or prospective students.

3. Violation of any attestations made in an application for a certificate to operate.

4. Presenting to prospective students, either at the time of solicitation or enrollment, or through advertising, mail circulars, or telephone solicitation, misleading, deceptive, false, or fraudulent information relating to any program, employment opportunity, or opportunities for enrollment after entering or completing programs offered by the school.

5. Presenting to prospective students, either at the time of solicitation or enrollment, or through advertising, mail circulars, or telephone solicitation, misleading, deceptive, false, or fraudulent information relating financial aid offered by the school.

6. Failure to provide or maintain premises or equipment for offering programs in a safe and sanitary condition as required by law or by state regulations or local ordinances.

7. Refusal by an agent while performing duties common to agents to display his agent's permit upon demand of a prospective student or council staff member or other interested persons.

8. 3. Loss of accreditation.

4. Failure to maintain financial resources adequate to conduct satisfactorily the courses of instruction offered or to retain an adequate, qualified instructional staff.

9. 5. Offering training or programs other than those acknowledged by the council.

10. Illegal discrimination in the acceptance of students.

11. 6. Failure to provide the council or council staff within a reasonable timeframe any information, records, or files pertaining to the operation of the school or recruitment and enrollment of students or in response to an audit.

12. 7. Employment of enrolled students in any commercial activity from which the school derives revenue without reasonable remuneration to the students, unless the students are engaging in activities that are an integral component of their the educational program.

13. 8. Engaging in or authorizing other conduct that constitutes fraudulent or criminal activity.

B. A school is entitled to exercise its rights under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) prior to the denial, suspension, or revocation of its certificate to operate, pursuant to 8VAC40-31-220.

8VAC40-31-200. Audit requirements.

A. All certified postsecondary schools shall be subject to random periodic audits. The purpose of such audit shall be to verify compliance with § 23-276 Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia and the provisions outlined in this chapter.

B. At the discretion of council staff, an audit review committee shall consist of the executive director or designee and may:

1. Include individuals with the experience in the disciplines in which the school provides instruction; and/or

2. Consist of council staff.

C. B. Audits shall be random or triggered by, but not limited to, the following events:

1. Council staff concerns based on questionable information in the initial or recertification application provided by the school.

2. Greater than average volume and frequency of negative student complaints or adverse publicity.

3. Difficulty securing accreditation within the specified time period.

4. Adverse action by the USDOE U.S. Department of Education (USED) or the school's accrediting agency.

5. A USDOE USED composite financial responsibility score of less than 1.0.

D. C. Following an audit of the school, council staff shall prepare a report with recommendations for review by the council. If a school is found noncompliant, the council may: 1. Determine no action is necessary and have the report filed; 2. Change the status to conditional certification and require remedial action(s) within a specified timeframe; 3. Initiate suspension or revocation of the school's certificate to operate and, in the case of instances of noncompliance, either give the school an opportunity to remedy the noncompliance or proceed to revocation. In cases of proceeding to revocation, staff will report to council at the next feasible meeting.

8VAC40-31-210. Duplication of and need for instruction for degree credit is irrelevant.

In considering a school's application, the council shall not take into account either duplication of effort by public and private schools in Virginia or need within the Commonwealth for the course for degree credit, program of study, or degree program for which certification is sought comply with § 23.1-220 D of the Code of Virginia with regard to matters of duplication of effort.

8VAC40-31-220. Procedural rules for the conduct of fact-finding conferences and hearings (§§ 2.2-4019 through 2.2-4030 of the Code of Virginia).

A. Fact-finding conference; notification, appearance, conduct.

1. Unless emergency circumstances exist that require immediate action, no order shall be issued to refuse to grant a certification, to revoke or suspend a or revoke prior certification, or to add conditions to any certification except upon written notice stating the basis for such action and the right of the affected parties to appear at an informal fact-finding conference.

2. If the council determines that grounds exist to refuse to grant a certification, to revoke or suspend a prior certification, or to add conditions to any certification, the council shall provide written notice of its intention to take the proposed action to the interested parties at the address of record. The notice shall be sent by certified mail, return receipt requested, and shall state the reasons for the proposed action.

3. Notification shall provide information about informal fact-finding conference procedures, including the rights of interested parties to (i) reasonable notice thereof; (ii) appear in person or by counsel or other qualified representative before the agency or its subordinates, or before a hearing officer for the informal presentation of factual data, argument, or proof; (iii) have notification of any contrary fact bases or information in the possession of the agency that can be relied upon in making an adverse decision; (iv) receive a prompt decision; and (v) be informed briefly and generally, in writing, of the factual or procedural basis for an adverse decision. If no withdrawal occurs, an informal fact-finding conference shall be scheduled at the earliest mutually agreeable date, but no later than 60 days from the date of the notification. A party wishing to waive its right to a conference and proceed directly to formal hearing shall notify the council at least 14 days before the scheduled conference.

4. 2. Informal fact-finding conferences will be conducted in accordance with § 2.2-4019 of the Code of Virginia.

3. If, after consideration of information presented during an informal fact-finding conference, the council determines that a basis for action still exists, the interested parties shall be notified in writing within 60 90 days of the informal fact-finding conference, via certified mail, of the decision, the factual or procedural basis for the decision, and the right to appeal the decision by requesting a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant information.

5. 4. Parties may enter into a consent agreement to settle the issues at any time prior to a formal hearing. If one party desires to enter into a consent agreement prior to the informal fact-finding conference or the formal hearing, as the case may be, then it shall give reasonable notice to the other party prior to the conference or hearing. A party's delay may result in denial of the proposed consent agreement.

6. Following execution of the consent agreement, council staff may make frequent attempts to determine whether the terms of the consent agreement are being implemented and whether its intended results are being achieved.

B. Hearing; notification, appearance, conduct.

1. If, after the After council staff renders a decision following an informal fact-finding conference, an interested party desires to appeal the decision by requesting a formal hearing, it shall notify the school may appeal the decision by requesting a formal hearing by notifying the council within 14 days of the date of receipt of the certified letter notification of the decision.

2. Parties to a formal hearing shall be given reasonable notice of the (i) time, place, and nature thereof; (ii) basic law under which the council contemplates its possible exercise of authority; and (iii) matters of fact and law asserted or questioned by the council Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia.

3. If an interested party or representative fails to appear at a hearing, the hearing officer may proceed in the party's/representative's absence and make a recommendation.

4. The formal hearing shall be presided over by a hearing officer selected from a list prepared by the Executive Secretary of the Supreme Court of Virginia and maintained in the office of the Executive Secretary of the Supreme Court.

5. In the formal hearing, the parties shall be entitled to be accompanied and represented by counsel, to submit oral and documentary evidence and rebuttal proofs, and to conduct cross-examination. The presiding officer at the formal hearing may (i) administer oaths and affirmations; (ii) receive probative evidence, exclude irrelevant, immaterial, insubstantial, privileged or repetitive proofs, rebuttal, or cross-examination, rule upon offers of proof, and oversee a verbatim recording of the evidence; (iii) hold conferences for the settlement or simplification of issued by consent; (iv) dispose of procedural requests; and (v) regulate and expedite the course of the hearing.

C. Hearing location. Hearings before a hearing officer shall be held, insofar as practical, in the county or city in which the school is located. Hearing officers may conduct hearings at locations convenient to the greatest number of persons or by telephone conference, videoconference or similar technology in order to expedite the hearing process.

D. Hearing decisions.

1. Recommendations of the hearing officer shall be a part of the record and shall include a written statement of the hearing officer's findings of fact and recommendations as well as the reasons or basis for the recommendations. Recommendations shall be based upon all the material issues of fact, law or discretion presented on the record.

2. Prior to the recommendation of the hearing officer, the parties concerned shall be given opportunity, on request, to submit in writing for the record (i) proposed findings and conclusions and (ii) a statement of reasons therefor. On request, opportunity shall be afforded for oral arguments to the hearing officer or to the council as it may permit in its discretion. The council shall receive and act on exceptions to the recommendation of the hearing officer prior to rendering a decision.

3. C. The council shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt or at the next feasible council meeting. The decision shall be served on the parties concerned; become a part of the record; and briefly state the findings, conclusions, reasons, or basis therefor upon the evidence presented by the record and relevant to the basic law under which the council is operating, together with the appropriate order, certificate to operate, or denial thereof.

E. Agency representation. The executive director's designee may represent the council in an informal conference or at a hearing.

8VAC40-31-230. Criminal prosecution for violation and civil enforcement.

A. Any violation Violations of any provision of § 23-276.12 this chapter or Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia that is found by council to have been committed by any person, firm, association, postsecondary school, trust, or other entity that offers or confers degrees, diplomas, certificates, programs, or courses of study shall be punishable as a class 1 misdemeanor is punishable in accordance with § 23.1-228 of the Code of Virginia.

B. Each degree, diploma, certificate, program, or course of study offered or conferred in violation of this chapter or each violation of the provisions of § 23-276.12 of the Code of Virginia shall constitute a separate offense Upon discovery that a postsecondary school is operating without certification, the council shall take action in accordance with § 23.1-218 B of the Code of Virginia.

C. The council shall take any action required by the Code of Virginia to deter illegal or improper acts that may violate the requirement for school certification. Pursuant to § 23-276.15 of the Code of Virginia, upon confirmation of any notification or discovery of any postsecondary school operating without its certification or approval, the council shall notify, in writing, the relevant local commissioner of the revenue or other official serving such equivalent functions of the postsecondary school's violation of such certification or approval requirements, and shall recommend revocation of the school's business license.

8VAC40-31-240. Civil enforcement.

Upon the determination of the council that any school, or its agents, or representatives, any agent or representative of the school is in violation of this chapter, the council may institute a proceeding in equity to enjoin the violation.

8VAC40-31-250. Virginia law to apply to agreements contracts.

The laws of Virginia shall govern any agreement, contract, or instrument of indebtedness executed between a postsecondary school and any person enrolling in any course or program offered or to be offered by a postsecondary school in Virginia and also between that postsecondary school and any person employed or offered employment by that postsecondary school in Virginia the Commonwealth shall apply to contracts in accordance with § 23.1-227 of the Code of Virginia.

8VAC40-31-260. Fees.

A. All fees collected by council staff will be deposited in the State Treasury.

B. All fees are nonrefundable with the exception of withdrawal of an application, in which case all fees will be refunded minus a nonrefundable administrative fee noted in subsection D of this section.

C. Fees must be paid with a company check and made payable to the Treasurer of Virginia.

D. The annual fee is based on the annual gross tuition received by each administrative branch of institutions site certified to operate in Virginia. For out-of-state institutions certified to operate in Virginia, annual gross tuition means income generated from students enrolled at Virginia locations. The flat fee schedule is as follows:

New school orientation session, per person	$150
Initial fee for all new institutions of higher education	$10,000
Initial fee for all new non-degree postsecondary schools	$2,500
Annual fee for all unaccredited institutions of higher education	$10,000
Initial fee for out-of-state online institutions of higher education that are not members of NC-SARA	$10,000
Renewal fee for out-of-state online institutions of higher education that are not members of NC-SARA	$10,000
Renewal fee for all postsecondary schools with an annual gross tuition collected less than $50,000, as recorded on most recent financial statement	$250
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $50,000 but less than $100,000, as recorded on most recent financial statement	$1,200
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $100,000 but less than $500,000, as recorded on most recent financial statement	$3,000
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $500,000 but less than $1,000,000, $1 million as recorded on most recent financial statement	$6,000
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $1,000,000, $1 million but less than $5,000,000, $5 million as recorded on most recent financial statement	$7,500
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $5 million, as recorded on most recent financial statement	$10,000
Returned check fee	$35
Initial or renewed exemption application or request for name acknowledgment or agent registration	$350
Nonrefundable administrative fee (withdrawal of application)	$500 non-degree $2,000 institutions of higher education
Request for change in degree level authorization	$1,000
Request duplicate certificate to operate due to school name or address change	$100
Request duplicate agent permit, to replace lost, stolen, or misplaced permit	$100
Application fee for each additional instructional location	$300
Application fee for each additional program, modification to an existing program, or program deletion	$100

E. A school that submits a payment that is returned for any reason must resubmit the required payment, any applicable late fee, and the assessed returned check fee of $35 via a money order or certified bank check only.

8VAC40-31-270. Receipt of applications, correspondence and other materials.

A. All applications, forms, letters, or other materials relating to, or required by this chapter should be sent to:

State Council of Higher Education for Virginia

ATTN: Private and Out-of-State Postsecondary School Certification

James Monroe Building, 9th Floor

101 North Fourteenth Street

Richmond, Virginia 23219

B. The mail mailing of items specified in subsection A of this section shall not constitute receipt of them those items by the council unless sent by registered or certified mail, return receipt requested.

8VAC40-31-280. Closure of a postsecondary school.

A. The council, on its own motion, may authorize a postsecondary school whose application for certification to operate is denied in accordance with 8VAC40-31-200 or revoked to continue to offer instruction to all currently enrolled students until the end of the semester, quarter, or other academic term during which certification is denied used by the school.

B. The council, on its own motion, may authorize a school whose certification is revoked in accordance with 8VAC40-31-200 to offer the coursework necessary for all currently enrolled students to complete their programs and to award degrees, certificates, or diplomas to those students, provided that the school:

1. Offers coursework only to those students who were enrolled at the time the school's certification was revoked; and

2. Offers all necessary coursework on a schedule that permits all currently enrolled students to complete their programs in a reasonable period of time.

C. When a school decides to voluntarily cease operations, it must immediately inform the council of the following:

1. The planned date for the termination of operations.

2. The planned date and location for the transfer of student records.

3. The name and address of the organization to receive and manage the student records and the name of the official who is designated to manage transcript requests. The organization designated for the preservation of the student records may not be corporately connected to the closing school. The council may receive student records, subject to subsection D of this section, if an appropriate depository has not been established.

4. Arrangements for the continued education of currently enrolled students via teach-out agreement or other practical solution. The teach-out plan shall consist of, but not be limited to, the following:

a. Identification of the school's official date of closure;

b. A listing by program of students enrolled at the time of the school's closure, including addresses, telephone numbers, and estimated graduation dates for each student;

c. The status of all current refunds due and balances owed;

d. A listing of those students who had prepaid for any portion of their training and a calculation of the total amount that was prepaid by each student;

e. Signed agreement with one or more local educational institutions able to provide adequate education to all students in all programs; and

f. Procedures for awarding graduates their certificates, diplomas, or degrees.

5. A listing of all former students, including full name, last known mailing address, email address, program of study, dates of enrollment, date of completion, and credential awarded, if applicable.

D. In the event of school closure or revocation of certification, the school shall make provisions for transferring to transfer all official student records of students to the council office, or secure a location that will maintain the records permanently,. The school shall notify all students of this location and how they the students may obtain official copies. The records transferred to the council office, or other depository, shall include the academic records of each student, which should include:

1. Academic transcripts showing the basis of admissions, transfer credits, courses, credits, grades, graduation authorization, and student name changes for each student;

2. Transcripts of financial aid for each student, if maintained;

3. Foreign student forms for foreign students;

4. Veterans Administration records for veterans;

5. Copies of degrees, diplomas, and certificates awarded, if maintained;

6. One set of course descriptions for all courses offered by the school; and

7. Evidence of accreditation, if any, during the years covered by transcripts.

E. The school shall notify all enrolled students of the pending closure immediately, describing their financial obligations as well as their rights to a refund or adjustment, and provisions made for assistance toward completion of their academic programs, whether in the institution that is closing, or by contract with another institution or organization to teach out the educational programs. Such agreements must be approved by the council.

F. The council shall seek the advice of the Career College Advisory Board on matters relating to closures of its member schools.

8VAC40-31-290. Waiver by council.

The council may waive or modify the certification requirements for an accredited school if the council finds that such waiver or modification will not conflict with the intent of the regulations this chapter and that in light of the school's mission, literal application of such requirement(s) requirements creates an unreasonable hardship on the school.

8VAC40-31-310. Student Tuition Guaranty Fund.

A. The executive director shall appoint in writing a Director Manager of the Student Tuition Guaranty Fund.

B. The purpose of the fund is to reimburse tuition due to students at schools certified to operate when the school ceases to operate.

C. Schools seeking initial certification after July 1, 2004, shall not be required to pay into the fund. All other schools that were certified to operate prior to July 1, 2004, under the provisions of § 22.1-321 of the Code of Virginia, shall be subject to the provisions valid at the time of its recertification.

D. C. A claim shall be made against the fund only if it the claim arises out of the cessation of operation by a school at which the student was enrolled or was on an approved leave of absence at the time of the closure and the closure prevented the student from completing student did not complete the program of study for which he enrolled on or after July 1, 2004. Claims shall be filed with the director manager of the fund on forms prescribed by the council within three years after cessation of operation by the school. Claims No claim filed after that period shall not be considered. Claims shall be limited to the unearned tuition paid to the closing institution for which the student received no educational instruction.

E. The director will attempt to secure D. If a teach-out agreement as outlined in 8VAC40-31-280 C 4 prior to issuing a refund of the unearned tuition to a student unable to complete a program of study due to a school closure has been arranged for the student, the student is not entitled to a refund of unearned tuition. If a teach-out agreement cannot be was not secured, the director manager shall proceed with a claim against the closed school's surety instrument, if one exists, or the balance remaining in the Student Tuition Guaranty Fund.

F. E. The executive director fund shall administer the fund upon the following basis be administered as follows:

1. The assets of the fund may not be expended for any purpose other than to pay bona fide claims made against the fund;

2. All payments into the fund shall be maintained by the state comptroller who shall deposit and invest the assets of the fund in any savings accounts or funds that are federally or state insured, and all interests or other return on the fund shall be credited to the fund;

3. Payment into the fund shall be made in the form of a company or cashier's check or money order made payable to the "Student Tuition Guaranty Fund."

G. F. When a claim is allowed by the director manager, the executive director, as agent for the fund, shall be subrogated in writing to the amount of the claim and the executive director shall thereby be authorized to take all steps necessary to perfect the subrogation rights before payment of the claim shall approve the claim before payment. Refunds will be made, first, to the lender issuing student financial aid or the guarantor of the loan, and second, to the student. In the event no financial aid was involved, then refunds will be made to the student.

8VAC40-31-320. Agent registration.

A. Agents representing one or more noncertified accredited postsecondary schools must:

1. Register with the council prior to soliciting in Virginia; and

2. Pay an annual fee of $300 $350 per school represented.

B. Agents No agent representing noncertified unaccredited postsecondary schools institutions of higher education shall not conduct business in Virginia.

C. Agents operating instructional sites in Virginia must seek council certification.

D. Agent permits expire on December 31 of each calendar year. An application for an agent permit renewal must be submitted to council staff at least 60 days prior to the expiration date.

E. Refusal by an agent to display his the agent's permit upon request of a prospective student, council staff member, or other interested person may result in the revocation of the agent permit.

FORMS (8VAC40-31)

Acknowledgement of Prior Postsecondary Involvement (rev. 3/07)

Administrator Qualification (7/08)

Application for Agent Permit (9/09)

Certificate, Diploma, or Degree Program Information (rev. 2/12)

Change of Location Application (rev. 3/07)

Acknowledgment of Prior Postsecondary Involvement (rev. 3/2014)

Administrative Personnel Qualification Form (rev. 8/2014)

Application for Agent Permit (rev. 1/2023)

Change of Location or Address Application (rev. 11/2023)

Change of Ownership Application (rev. 3/2007)

Chart of Accounts (rev. 3/07)

Directions for Preparing School Plan Report (undated)

Institutional Certification Application Form (rev. 8/08)

Institutional Certification Application Form: Religious Exemption (rev. 7/11)

Institutional Certification Checklist for Postsecondary Schools (rev. 7/07)

Institutional Change of Name Application (3/07)

Institutional Sites Listing (rev. 1/12)

Instructions for Completing Institutional Certification Applications (rev. 8/08)

Instructor Qualification (7/08)

Instructor Qualification Form (rev. 4/2018)

Notification of Program Modification (rev. 2/2012)

Program Notification (rev. 2/12)

Projected Accounting Budget (rev. 7/07)

Proprietary School Financial Composite Score Calculation Worksheet (undated)

Report on the Closing of a Campus (rev. 3/07)

Request for Name Acknowledgement (rev. 3/07)

School Catalog Checklist (rev. 8/08)

Sample Irrevocable Letter of Credit (rev. 3/07)

Surety Bond (rev. 4/09)

Closing of a Campus Form (rev. 7/2014)

Name Acknowledgment Form (rev. 12/2022)

School Catalog Checklist - Non-Degree (rev. 4/2018)

Surety Bond (rev. 5/2017)

Surety Instrument Calculation Worksheet (eff. 2/2011)

Accreditation Status Form (eff. 3/2014)

Application for Certification Exemption (eff. 1/2023)

Application for New Program Approval (eff. 9/2022)

Background Check Profile Form (eff. 1/2023)

Board Member Qualification Form (eff. 5/2018)

Certification Application-IHE (eff. 1/2023)

Certification Application - Non-Degree (eff. 4/2022)

Certification Checklist - IHE (eff. 5/2018)

Certification Checklist - Non-Degree (eff. 5/2018)

Distance Education Attestation Form (eff. 9/2024)

Financial Statement (eff. 3/2007)

Institutional Catalog Checklist - IHE (eff. 4/2018)

Instructional Location Closure Form (eff. 10/2018)

Owner or Administrator Qualification Form (eff. 5/2018)

Primary Contact Form (eff. 6/2025)

Projected Accounting Budget (eff. 8/2022)

Religious Exemption - Name Acknowledgment (eff. 12/2022)

Religious Exemption - Information Update Form (eff. 12/2022)

Religious Exemption - Initial Application (eff. 12/2022)

Religious Exemption - Renewal Application (eff. 12/2022)

Request for Change in Degree Level Authorization (eff. 1/2023)

Senior Administrator Qualification Form (eff. 3/2014)

Site Listing Form (eff. 10/2018)

TITLE 9. ENVIRONMENT

VIRGINIA WASTE MANAGEMENT BOARD

Final Regulation

Title of Regulation: 9VAC20-60. Virginia Hazardous Waste Management Regulations (amending 9VAC20-60-18).

Statutory Authority: § 10.1-1402 of the Code of Virginia.

Effective Date: August 27, 2025.

Agency Contact: Ashby Scott, Hazardous Waste Program Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23218, telephone (804) 350-5623, or email ashby.scott@deq.virginia.gov.

Summary:

The amendments (i) update the reference to U.S. Environmental Protection Agency regulations in Title 40 of the Code of Federal Regulations to the July 1, 2023, and (ii) incorporate Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes (86 FR 54381, October 1, 2021), which was excluded from incorporation during the 2022 annual update.

9VAC20-60-18. Applicability of incorporated references based on the dates on which they became effective.

Except as noted, when a regulation of the U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations is referenced and incorporated into this chapter, that regulation shall be as it exists and has been published in the July 1, 2022 July 1, 2023, annual edition; however, the incorporation by reference of Title 40 of the Code of Federal Regulations shall not include the requirements of EPA's Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule (83 FR 24664, May 30, 2018) or Conforming Changes to Canada-specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes (86 FR 54381, October 1, 2021).

TITLE 11. GAMING

VIRGINIA RACING COMMISSION

Final Regulation

Title of Regulation: 11VAC10-180. Medication (amending 11VAC10-180-80).

Statutory Authority: § 59.1-369 of the Code of Virginia.

Effective Date: July 9, 2025.

Agency Contact: Waqas Ahmed, Executive Secretary, Virginia Racing Commission, 10700 Horsemens Road, New Kent, VA 23124, telephone (804) 966-7404, or email waqas.ahmed@vrc.virginia.gov.

Summary:

The amendments raise the maximum permissible dosage of furosemide (Lasix) for racehorses on race day from 6.0 mL (300 mg) to 10.0 mL (500 mg), which aligns with the national industry standard adopted by nearly all racing jurisdictions in the United States and has been codified in the Association of Racing Commissioners International model rules.

11VAC10-180-80. Permitted race day substances.

A. Generally. Furosemide shall be the only medication permitted to be administered on race day and only to those horses eligible for furosemide treatment as designated by the bleeder list and furosemide list described in subsection B of this section.

B. Bleeder medications. By this regulation, the Virginia Racing Commission specifically permits the use of bleeder medications in only those horses that:

1. Have been placed on the bleeders list by the stewards;

2. Have raced on furosemide in another jurisdiction on the last previous start in a pari-mutuel race, as indicated by the past performance chart or by verification by the commission veterinarian from that racing jurisdiction, or both; or

3. Have been placed on the furosemide list by the stewards. A horse is eligible for inclusion on the furosemide list if the licensed trainer and a licensed veterinarian determine it is in the horse's best interest to race with furosemide, and the prescribed commission form is presented to the commission veterinarian prior to the close of entries for the horse's race. A horse placed on the furosemide list without demonstrating an episode of exercise-induced pulmonary hemorrhage is not restricted from racing for the usual recovery period described in 11VAC10-180-85 D. However, any future episode of exercise-induced pulmonary hemorrhage shall be considered a reoccurrence of bleeding for the purpose of determining restrictions from racing, as provided in this chapter.

a. A trainer or owner may discontinue the administration of furosemide to his racehorse only with the permission of the stewards. The request must be submitted in writing on forms prescribed by the commission and prior to entering the horse in a race.

b. A horse removed from the furosemide list may not be placed back on the furosemide list for a period of 60 calendar days unless the horse suffers an external bleeding incident witnessed by the commission veterinarian or his designee. In such case, the horse shall be placed on the bleeders list as though that bleeding incident was a reoccurrence of bleeding and subjected to a minimum 30-day or 90-day restriction for recovery as provided in this chapter.

C. Furosemide.

1. Procedures for usage. The use of furosemide on race day is permitted by the commission only in horses eligible to receive bleeder medications and under the following circumstances:

a. Furosemide shall be administered by a single dose intravenously no less than four hours, or three hours for a ship-in meet, prior to post time within the enclosure of the horse race facility by a veterinarian who shall be specifically designated by the commission to administer furosemide.

b. The furosemide dosage administered shall not exceed 6.0 10 ml (300 500 mg) and shall not be less than 3.0 ml (150 mg). At a ship-in meet, the minimum dosage shall be not less than 2.0 ml (100 mg).

c. The veterinarian administering the furosemide shall be an employee of the commission or otherwise observed by an employee of the commission who shall deliver a furosemide treatment report to the commission no later than two hours prior to post time. The furosemide treatment report shall contain the following:

(1) The trainer's name, date, horse's name, and horse's identification number;

(2) The time furosemide was administered to the horse;

(3) The dosage level administered for this race;

(4) The barn and stall number; and

(5) The signature of the veterinarian, who is a permit holder and is specifically designated by the commission to administer furosemide.

2. Furosemide quantification. Furosemide levels must not exceed 100 nanograms per milliliter (ng/ml) of serum or plasma and urine specific gravity measuring 1.010 or lower. If a urine sample is unavailable for specific gravity measurement, serum or plasma concentration may not exceed 100 nanograms per milliliter. Furosemide must be present in the serum or plasma or urine of any horse that has been designated in the program as being treated with furosemide.

D. Disciplinary actions.

1. For the first violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section), the stewards shall issue a written reprimand to the trainer and to the practicing veterinarian, if applicable.

2. For the second violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section), the stewards shall fine the trainer, practicing veterinarian, or both an amount not to exceed $500.

3. For the third violation of the regulation pertaining to furosemide quantification (subdivision C 2 of this section) within a 365-day period, the stewards shall suspend or fine the trainer, practicing veterinarian, or both not to exceed $1,000 and 15 days.

4. The stewards, in their discretion, may impose other more stringent disciplinary actions against trainers or other permit holders who violate the provisions under which furosemide is permitted by the commission, regardless of whether or not the same horse is involved.

E. Adjunct bleeder medications. The Virginia Racing Commission prohibits the use of bleeder adjunct medication on race day.

F. Program designation. The licensee shall be responsible for designating in the program those horses racing on furosemide. The designation shall also include those horses making their first start while racing on furosemide. In the event there is an error, the licensee shall be responsible for making an announcement to be made over the public address system and taking other means to correct the information published in the program.

G. Discontinue use of furosemide. A trainer or owner may discontinue the administration of furosemide to his horse only with the permission of the stewards and prior to entering the horse in a race.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-10, 18VAC41-60-20, 18VAC41-60-30, 18VAC41-60-40, 18VAC41-60-70, 18VAC41-60-80, 18VAC41-60-90, 18VAC41-60-110 through 18VAC41-60-220; adding 18VAC41-60-15, 18VAC41-60-75; repealing 18VAC41-60-100).

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

Public Hearing Information:

August 18, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Boardroom Three, Suite 200, Richmond, VA 23233.

Public Comment Deadline: September 26, 2025.

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 authorizes the Board for Barbers and Cosmetology to (i) establish the qualifications of applicants for certification or licensure necessary to ensure competence and integrity to engage in such profession or occupation and (ii) promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system.

Purpose: The board is responsible for regulating individuals who (i) engage or offer to engage in the practice of body-piercing and ear-only body-piercing for compensation and (ii) operate a salon by requiring such individuals or firms (business entities) obtain the appropriate licensure. The performing of body-piercing services by those who lack sufficient expertise poses a risk to the public health, safety, and welfare, including the potential for infection or injury.

Substance: The proposed amendments:

1. Revise definitions.

2. Add a section that clarifies what are considered gratuitous services.

3. Revise disciplinary disclosure provisions for individual and salon body-piercing licensure to (i) require that an applicant and responsible management provide a copy of prior disciplinary actions taken in all jurisdictions; (ii) add probation to the list of disciplinary actions that must be reported; and (iii) remove duplicative and unnecessary language.

4. Revise criminal history disclosure provisions for individual and salon body-piercing licensure to (i) clarify misdemeanor reporting requirements; (ii) reduce the look-back period for disclosure of felony convictions to 10 years; and (iii) remove unnecessary language.

5. Allow applicants for individual and salon body-piercing licensure to provide a post office box address as a secondary address to a physical address and require mobile salons to provide a physical address where the salon is permanently garaged.

6. Revise exam eligibility provisions to (i) provide that individuals completing training outside of Virginia must complete board-approved health education; (ii) provide that applicants who have received training outside of the United States may be accepted if their degree is translated, authenticated, and evaluated by an education evaluation service; and (iii) allow applicants who did not complete a training program substantially equivalent to Virginia training to qualify for the license examination by providing documentation of three years of work experience and board-approved health education.

7. Remove the minimum training hour requirement for a body-piercer ear only applicant.

8. Allow applicants who completed a training program that is not substantially equivalent to Virginia's training requirements to substitute three years of work experience for training and require applicants for endorsement to provide documentation of board-approved health education.

9. Remove unnecessary provisions, including (i) that failing to appear for a scheduled examination results in forfeiting of the examination fee; (ii) that the examination is administered by the board or a designated testing services; (iii) that examination records will be maintained for a maximum of five years; (iv) that the license shall bear the same name and address of the business; (v) that responsible management for a parlor or salon must apply for a new license within 30 days of a name or address change; (vi) that a licensee must submit a reinstatement application; and (vii) that a salon must be in a permanent building.

10. Add a pathway for 90-day temporary licensure.

11. Update notification, care instruction, and recordkeeping requirements.

12. Add a provision that allows the board or any of the board's agents to inspect facilities during reasonable hours.

13. Consolidate fees sections.

14. Update health education training requirements.

15. Require an individual who fails to reinstate a license or certificate within two years of the expiration date to (i) either apply for licensure or certification as a new applicant and meet current entry requirements or, if the individual has been licensed for a minimum of three years, submit a new application and pass the required examination and (ii) provide documentation of completing board-approved health education.

16. Remove CPR as a training requirement.

17. Require regulants to ensure that all current licenses are displayed in plain view of the public either in the reception area or at individual workstations.

18. Require mobile salons to be stationary while providing services and disallow operation where prohibited by local ordinance.

19. Require all facilities to have a blood spill clean-up kit or blood spill clean-up kit approved by the federal Occupational Safety and Health Administration in the work area; proposed amendments specify the minimum contents of a clean-up kit.

20. Prohibit regulants from practicing if unable to practice with skill or safety as a result of any mental or physical condition and revise prohibited acts for clarity.

Issues: The primary advantage to the public is that the board will continue to approve applicants and license professionals with safeguards in place to ensure proper competency and standards of conduct. Further, board requirements will be easier for regulants and applicants to understand, which may facilitate a quicker and more efficient process for applicants and regulants. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure and who will therefore be available to members of the public to provide services. The primary advantage to the Commonwealth is the continued successful regulation of body-piercers who meet the minimum entry standards. The proposed amendments strengthen the Department of Professional and Occupational Regulation's ability to investigate and discipline regulants who disregard the health, safety, and welfare of the public. No disadvantages to the public, the agency, or the Commonwealth have been identified.

Department of Planning and Budget 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 below 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. The Board for Barbers and Cosmetology (board) proposes to establish a 90-day temporary license; make it easier to be licensed in Virginia for individuals who have received training outside the Commonwealth; and make health education, criminal disclosure, reinstatement, mobile salon, and administrative requirements less onerous.

Background. This regulation applies to those who perform body-piercing and body-piercing ear only services and those who operate salons. The regulation establishes the minimum qualifications for entry into the profession and minimum standards to ensure continued competency, because lack of sufficient expertise may create the potential for infection or injury.

The board proposes several substantive amendments discussed below to comply with 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.

Estimated Benefits and Costs. Temporary license. The board proposes to establish a free, non-renewable, 90-day temporary license for body-piercers. The proposal would allow individuals who complete an apprenticeship program, which is the only route for entry into the profession, the ability to work under the direct supervision of a licensed professional with the same scope of practice while they are preparing for the licensure exam. Currently, individuals who completed an apprenticeship program must apply for licensure, be approved to take the license examination, and pass the licensure examination before being allowed to legally practice. As a result, the proposed change would allow new entrants to earn wages or higher wages (compared to other lower paying jobs outside the scope of body piercing) for up to three months. DPOR estimates that the median income for this profession is approximately $3,369 per month which translates to $10,107 over three months. Thus, based on an average of 39 body-piercer temporary licenses expected to be issued each year, it is projected that temporary license holders can earn an additional aggregate income of up to $394,173 per year while waiting to take the state examination. On the other hand, DPOR would see an increase in its administrative workload to issue and ensure compliance with temporary licenses without collecting any fees, as such licenses would be issued free of charge.

Training outside Virginia. The board proposes several changes regarding eligibility to sit for the board-approved examination, and licensure by endorsement, that would likely expand the pool of eligible individuals who can be licensed in Virginia. Under the proposal, applicants for an individual license who received training outside of Virginia or the United States, that is not equivalent to Virginia training, may qualify for the license examination by providing documentation of three years of work experience at any time prior to application. Currently, such individuals must have had this work experience within the five years preceding application to qualify for the license examination.

Additionally, the proposal would provide that applicants who have received training outside of the United States may be accepted but must have their degree translated, authenticated and evaluated by an education evaluation service if credit is being sought for such education. Currently, the regulations do not allow for out of country training to be accepted to sit for the license examination. Similarly, individuals for licensure by endorsement who completed a training program or an apprenticeship program that is not substantially equivalent to Virginia's may substitute three years of licensed work experience in any other jurisdiction to qualify for licensure by endorsement. Currently, applicants for licensure by endorsement must have training and examination that is substantially equivalent to Virginia training and examination.

Health education. Several proposed changes relate to health education requirements. Currently, the board-approved training specifies a minimum of five hours of health education. The board proposes to eliminate this five-hour stipulation. Also, the required health education currently includes first aid and cardiopulmonary resuscitation (CPR) training. The board proposes to eliminate the CPR training requirement from the curriculum. As a result of this change, apprentices in Virginia would not be required to take CPR training, individuals from outside Virginia or those renewing or reinstating licenses would not have to demonstrate compliance with the CPR requirement, and the scope of continuing education would no longer include CPR training. However, whether the removal of the minimum five-hour stipulation and the stipulation that training include CPR, would lead to a reduction in compliance costs is not known as the board may shift the CPR training hours to other subjects and may not necessarily reduce the overall training hours.

Disclosures. The board proposes to reduce the look-back period for disclosure of felony convictions to 10 years prior to the date of application as opposed to prior 20 years for body-piercing and body-piercing ear only licensees as well as for responsible management of licensed salons. With this change, more individuals who may have been discouraged to apply based on criminal history may enter the profession. Also, a lower number of felony conviction disclosures may reduce the board's administrative costs because licensure denials based on criminal history are made on a case-by-case basis.

Reinstatement. The proposal would allow an individual who has been licensed for a minimum of three years to reinstate their license after it has been expired for two years by passing the license examination without having to retake training. Currently, only individuals who had initially qualified for licensure under a grandfathering provision (i.e., an exemption from examination or training requirement) can regain licensure, and they must have five years of licensed experience and pass the license examination. The change would allow all individuals with expired licenses who have been licensed for at least three years to become licensed again without the need to take required training. Thus, this change is expected to eliminate the cost of retraining for those whose license has been expired and expand the pool of eligible individuals who can be reinstated. In addition, the proposal, would remove the requirement that a licensee must submit a reinstatement application and instead require just the payment of the reinstatement fee, effectively reducing administrative costs involved in applying.

Other. The proposal would remove the requirement that a salon must be in a permanent building in order to allow for mobile salons. This change would accommodate temporary operations at different locations and possibly help generate additional revenues for the salons. Another change would require that a licensed firm notify the board within 30 days of a change of business entity (e.g., formation of a new firm or dissolution of an existing firm) and destroy the license. Currently, a firm is required to return the license to the board within 30 days of a change of business entity. The proposal would eliminate the burden of having to return the license to the board. The proposed changes would also allow license applicants to provide a post office box address as a secondary address to a primary physical address providing additional flexibility. Currently, the board does not accept a post office box as an address.

Businesses and Other Entities Affected. The proposed changes would affect licensed body-piercers, body-piercers ear only, temporary license holders, and apprentices; those seeking to obtain a body-piercers license, body-piercers ear only license, temporary license, and apprentice license; and business entities that offer body-piercing and body-piercing ear only services. According to DPOR, as of April 1, 2025, there were 196 body-piercers, 119 body-piercing salons, 64 apprentice body-piercers, 382 body-piercers ear only, and 105 body-piercer ear only salons. No regulant appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ The proposal does not appear to increase costs or reduce benefits for the regulants. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ DPOR states that all firms such as salons meet the definition of small business in § 2.2-4007.1 of the Code of Virginia and there are approximately 227 such small businesses. However, the proposal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments do not introduce costs or other effects on localities, nor do they disproportionally affect any individual locality more than others.

Projected Impact on Employment. The proposed changes would allow an opportunity to provide body piercing services under a temporary license for a 90-day period, expand opportunity to become licensed in Virginia for those who have training outside Virginia, expand the pool of eligible applicants with prior criminal history, and reduce requirements for reinstatement. These changes have the potential to increase employment in the body piercing service industry but the impact on total employment is not known. It would depend on the number of such individuals who have worked in other related jobs.

Effects on the Use and Value of Private Property. The proposed changes mostly benefit individual licensees rather than body piercing businesses. However, the proposal may also moderately reduce body-piercing business administrative costs and add to asset values because of changes discussed under the other category above. No impact on real estate development costs is expected.

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¹ Section 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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Summary:

In response to Executive Directive One (2022), the proposed amendments (i) establish a 90-day temporary license; (ii) facilitate licensure in Virginia for individuals who have received training outside the Commonwealth; (iii) reduce health education, criminal disclosure, reinstatement, mobile salon, and administrative requirements; and (iv) clarify provisions to ensure that the regulation reflects current board requirements and adheres to statute.

18VAC41-60-10. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined ascribed to them in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.:

"Board"

"Body-piercer"

"Body-piercing"

"Body-piercing salon"

"Body-piercing school"

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

"Apprenticeship program" means an approved body-piercing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct body-piercing apprenticeship training who meets the qualifications in 18VAC41-60-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Body piercer Body-piercer ear only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both for compensation.

"Body piercing Body-piercing ear only" means the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

"Body-piercing ear only salon" means any place in which a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state or jurisdiction of the United States.

"Direct supervision" means a Virginia licensed body-piercer is present in the body-piercing salon at all times when services are being performed by a temporary license holder or registered apprentice.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Gratuitous services" as used in § 54.1-701.5 of the Code Virginia means providing body-piercing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Licensee" means any person, partnership, corporation, limited liability company, sole proprietorship, limited liability partnership, or any other form of organization permitted by law individual or firm holding a license issued by the Board for Barbers and Cosmetology as defined in § 54.1-700 of the Code of Virginia board.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license for another period of time.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

6. The officers or directors of an association or both; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which body-piercing instruments are cleaned, disinfected, and sterilized.

"Temporary location" means a fixed location at which body piercing is performed for a specified length of time of not more than seven days in conjunction with a single event or convention.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

18VAC41-60-15. Gratuitous services.

Any individual who engages in body-piercing and body-piercing ear only without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

18VAC41-60-20. General requirements.

A. Any individual wishing to engage in body piercing shall body-piercing must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant shall must be in good standing as a body piercer body-piercer in every jurisdiction where licensed, certified, or registered.

The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia or any other jurisdiction in connection with the applicant's practice as a body piercer and all other jurisdictions to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as a body piercer.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who the board deems the applicant is unfit or unsuited to engage in body piercing body-piercing and body piercing body-piercing ear only. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must provide evidence satisfactory to the board that the applicant has passed the board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for board-approved body-piercer examination.

1. Training in the Commonwealth of Virginia. Any person completing an approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon shall be is eligible to sit for the examination.

2. Training outside of the Commonwealth of Virginia, but within the United States or jurisdiction of the United States.

a. Any person completing a body-piercing training or apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid. Applicants who have earned a degree from an institution outside the United States must have the degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board, in its discretion, may decline to accept any evaluation submitted by an applicant.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit (i) documentation acceptable to the board verifying three years of work experience in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

If less fewer than the required hours of body-piercing training or body-piercing apprenticeship was were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent body-piercing training or body-piercing apprenticeship or documentation of three years of work experience within the preceding five years as a body piercer in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of a minimum of five hours of board-approved health education to include (a) bloodborne disease, sterilization, and aseptic techniques related to body piercing; body-piercing and (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

C. In order to receive a license as a body piercer Any individual wishing to engage in body-piercing ear only, an applicant must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant shall have completed a minimum of three hours of health education to include bloodborne disease and first aid that is acceptable to the board and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both and aftercare of piercing.

2. 1. The applicant shall must be in good standing in every jurisdiction Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in another jurisdiction in connection with the applicant's licensed, certified, or registered practice Virginia and all other jurisdictions to the board at the time of application for licensure. The applicant shall disclose to the board at the time of application for licensure whether he has been previously licensed in Virginia in any profession regulated by the board This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action pertaining to services within the respective scope of practice, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who it deems unfit or unsuited to engage in body-piercing.

3. 2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

4. 3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing license laws and the board's body-piercing regulations this chapter.

5. 4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant must have completed board-approved health education to include bloodborne disease and first aid and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear and aftercare of piercing.

18VAC41-60-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as a body piercer body-piercer in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to that the training and examination required by this chapter may be issued a body piercer body-piercer license without an examination. The applicant must also meet the requirements set forth in 18VAC41-60-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but who otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

18VAC41-60-40. Examination requirements and fees.

A. Applicants for initial licensure shall must pass an examination approved by the board. The examinations may be administered by the board or by a designated testing service.

B. Any candidate failing to appear as scheduled for examination shall forfeit the examination fee.

C. B. The applicant shall must follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

D. C. Any applicant who does not pass a reexamination within one year of the initial examination date shall be required to submit a new application.

E. D. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained 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 candidate in accordance with these contracts. The fee shall not exceed $225 per candidate.

F. E. Any candidate failing to apply for initial licensure within five years of passing the written examination shall be required to must retake the examination. Records of examinations shall be maintained for a maximum of five years.

18VAC41-60-70. General requirements for a body-piercing apprenticeship sponsor.

A. Upon filing an application with the Board for Barbers and Cosmetology board, any person meeting the qualifications set forth in this section may be eligible individual wishing to sponsor a body-piercing apprentice if must meet the person following qualifications:

1. Holds The applicant must hold and maintain a current Virginia body-piercing license;

2. Provides The applicant must provide documentation of legally practicing body piercing body-piercing for at least five years; and

3. Provides The applicant must provide documentation indicating that he the applicant is in good standing in all jurisdictions where the practice of body piercing body-piercing is regulated.

B. Apprenticeship sponsors shall be required to maintain a body-piercer license.

C. B. Apprenticeship sponsors shall must ensure compliance with the 1500-hour Body-Piercing Apprenticeship Program and Body-Piercing Apprenticeship Standards.

18VAC41-60-75. Body-piercing temporary license.

A. A temporary license to work under the direct supervision of a currently licensed individual may be issued only to applicants for initial licensure who the board finds eligible for the applicable examination. There is no fee for a temporary license. Except as provided in this section, an applicant holding a temporary license must be supervised by an individual holding a license in the same scope of practice.

B. The temporary license will remain in force for 90 days and no subsequent temporary license will be issued.

C. Any person continuing to practice body-piercing services after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. No temporary license will be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-60-20.

18VAC41-60-80. Salon General requirements for a salon license.

A. Any firm wishing to operate a body-piercing salon or body-piercing ear only salon shall, including any mobile salon, must obtain a salon license in compliance with § 54.1-704.1 of the Code of Virginia and shall must meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed salon in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any body-piercing salon or body-piercing ear only salon or practice of the profession to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as a body-piercing salon or body-piercing ear only salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein that it deems the applicant is unfit or unsuited to engage in the operation of a body-piercing salon or body-piercing ear only salon. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose his the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile salons must provide a physical address where the salon is permanently garaged.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must disclose the firm's responsible management.

B. A body-piercing Body-piercing salon license licenses or body-piercing ear only salon license shall licenses are issued to firms as defined in this chapter and are not be transferable and shall bear the same name and address of the business entity. Any changes in the name or address of the salon shall must be reported to the board in writing within 30 days of such changes. New responsible management shall be responsible for applying for a new license within 30 days of the changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any reason beyond the control of the board.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

E. Any firm wishing to operate a body-piercing salon in a temporary location must have a body-piercing salon license issued by the board The board or any of its agents must be allowed to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

18VAC41-60-90. Fees.

The following fees apply:. All fees are nonrefundable and will not be prorated.

FEE TYPE	AMOUNT DUE September 1, 2022, through August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105	With application
License by Endorsement	$90	$105	With application
Renewal:	$90	$105	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* *includes $105 renewal fee and $105 reinstatement fee	With reinstatement application
Salons:
Application	$165	$190	With application
Renewal	$165	$190	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* *includes $190 renewal fee and $190 reinstatement fee	With reinstatement application

18VAC41-60-100. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-60-110. License renewal required.

All body piercer body-piercer, body piercer body-piercer ear only, body-piercing salon, and body-piercing ear only salon licenses shall will expire two years from the last day of the month in which they were the license was issued.

18VAC41-60-120. Continuing education requirement.

All licensed body piercers shall be required to body-piercers must satisfactorily complete a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to body piercing; body-piercing and (ii) first aid; and (iii) CPR during their the licensed term. All licensed body piercers body-piercers ear only shall be required to must satisfactorily complete a minimum of three hours of board-approved health education to include bloodborne disease and first aid during their the licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

18VAC41-60-130. Notice of renewal.

The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee outlining the procedures for renewal. Failure to receive this notice, however, shall does not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the old license may be submitted as evidence of intent to renew, along with the required fee.

18VAC41-60-140. Failure to renew.

A. When an individual or business entity fails to renew its license within 30 days following its the expiration date, the licensee shall must meet the renewal requirements prescribed in 18VAC41-60-120 and 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 pay the reinstatement fees.

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

1. The former licensee shall must apply for licensure as a new applicant, shall and meet all current application entry requirements, shall pass the board's current examination if applicable, and shall receive a new license. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-60-20 A 6 shall previously licensed in Virginia for a minimum of three years must submit (i) a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid and pass the required examination.

C. 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.

D. When a license is reinstated, the licensee shall will have the same license number and shall be assigned an expiration date two years from the date of the last day of the month of reinstatement.

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

F. A licensee that fails to reinstate its license shall will be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest divests 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.

18VAC41-60-150. Applicants for board approval.

A. Any person desiring to enroll in the body-piercing apprenticeship program shall will be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include but not limited to blood borne bloodborne disease, sterilization, and aseptic techniques related to body piercing, body-piercing and first aid and CPR.

B. Any body piercer desiring body-piercer seeking approval to perform the duties of an apprenticeship sponsor and offer the board's body-piercing apprenticeship program shall must meet the requirements in 18VAC41-60-70.

C. All apprenticeship training shall must be conducted in a body-piercing salon that has met the requirements of 18VAC41-60-80.

18VAC41-60-160. Body-piercing apprenticeship curriculum requirements.

Body-piercing apprenticeship curriculum requirements are set out in this section:

1. Microbiology:

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization;

a. Types of immunizations;

b. Hepatitis A—G A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the body piercer body-piercer and client.

3. Sanitation and disinfection:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Pre-service sanitation procedure; and

f. Post-service sanitation procedure.

4. Safety:

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Blood borne Bloodborne pathogen standards:

a. OSHA and CDC blood borne bloodborne pathogen standards;

b. Control Plan for blood borne bloodborne pathogens;

c. Exposure Control Plan for Body Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards:

a. History of body piercing body-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA Standards (Health Insurance Portability and Accountability Act of 1996 Privacy Rule);

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele;

e. Salon management:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Body piercing Body-piercing:

a. Client consultation;

b. Client health information;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Grade of jewelry; and

j. Metals to use.

8. Body-piercing procedures:

a. Ear lobe;

b. Helix— - ear;

c. Concha— - ear;

d. Tragus— - ear;

e. Tongue;

f. Navel;

g. Eyebrow;

h. Lip;

i. Septum;

j. Nostril;

k. Male nipple;

l. Female nipple;

m. Monroe (face cheek);

n. Prince Albert (male genitalia);

o. Frenum (male genitalia);

p. Clitorial hoods (female genitalia); and

q. Labias (female genitalia).

9. Virginia body-piercing laws and regulations.

18VAC41-60-170. Body-piercing hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-60-160 shall must be taught over a minimum of 1,500 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, and 6 of 18VAC41-60-160;

2. 150 hours shall must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-160; and

3. The remaining 1,000 hours shall must be devoted to practical training and the following performances pertaining to subdivision 7 of 18VAC41-60-160:

Body-Piercing Performances
ear lobe	minimum of 5
helix - ear	minimum of 5
concha - ear	minimum of 5
tragus - ear	minimum of 5
tongue	minimum of 5
navel	minimum of 5
eyebrow	minimum of 5
lip	minimum of 5
septum	minimum of 5
nostril	minimum of 5
additional piercings of choice	minimum of 50
Total	100

B. An approved body-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for body piercing body-piercing and, based on the assessment, give a maximum of 500 hours of credit towards toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall will be allowed for the 150 hours required in subdivision A 2 of this section.

18VAC41-60-180. Display of license.

A. Each The responsible management for each body-piercing salon owner or body-piercing ear only salon owner shall must ensure that all current licenses issued by the board shall be are displayed in the reception area of the salon in plain view of the public either in the reception area or at individual workstations of the salon. Duplicate licenses shall must be posted in a like similar manner in every salon location where the licensee provides services.

B. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must ensure that no licensee or apprentice performs any service beyond the scope of practice for the applicable license.

C. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must offer to licensees the full series of Hepatitis B vaccine.

D. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must maintain a record for each licensee of:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the owner's offer of a full series of Hepatitis B vaccine.

E. All licensees shall must operate under the name in which the license is issued.

18VAC41-60-190. Physical facilities Sanitation and safety standards.

A. A body-piercing salon or body-piercing ear only salon must be located in a permanent building, which or structure must be in a location permissible under local zoning codes, if any. If applicable, the A body-piercing salon or body-piercing ear only salon shall must be separated from any living quarters by complete floor to ceiling floor-to-ceiling partitioning and shall must contain no access to living quarters. Mobile salons must be stationary while providing services and may not operate where prohibited by local ordinance.

B. The body-piercing salon, or body-piercing ear only salon, or temporary location shall must be maintained in a clean and orderly manner.

C. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must have a blood spill clean-up kit in the work area that contains, at a minimum, latex gloves, two 12-inch-by-12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration-approved blood spill clean-up kit.

D. Work surfaces in a body-piercing salon, body-piercing ear only salon, or temporary location shall must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital grade hospital-grade disinfectant. Surfaces that come in contact with blood or other body fluids shall must be immediately disinfected with an EPA-registered germicide solution. Appropriate personal protective equipment shall must be worn during cleaning and disinfecting procedures.

E. In a body-piercing salon, or body-piercing ear only salon, or temporary location, cabinets or containers for the storage of instruments, single-use articles, and other utensils shall must be provided for each operator and shall must be maintained in a sanitary manner.

F. In a body-piercing salon, or body-piercing ear only salon, or temporary location, bulk single-use articles shall must be commercially packaged and handled in such a way as to protect the articles from contamination.

G. In a body-piercing salon, or body-piercing ear only salon, or temporary location, all materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single use single-use containers and shall must be disposed of after each use.

H. In a body-piercing salon or body-piercing ear only salon, the walls, ceilings, and floors shall must be kept in good repair. The body-piercing area shall must be constructed of smooth, hard, surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New physical facilities shall must not include any dark-colored surfaces in the body-piercing area. Existing physical facilities with dark-colored surfaces in the body-piercing area shall must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business entity.

I. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must have adequate lighting of at least 50 foot-candles of illumination in the body-piercing and sterilization areas.

J. In a body-piercing salon, or body-piercing ear only salon, or temporary location, adequate mechanical ventilation shall must be provided.

K. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the body-piercing area or body-piercing ear only area such that the body piercer body-piercer or body piercer body-piercer ear only can return to the area without having to touch anything with his hands. Hand-cleaning facilities shall must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall must be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals are not permitted in the body-piercing salon, or body-piercing ear only salon, or temporary location except for guide or service animals accompanying persons with disabilities or nonmammalian animals in enclosed glass containers such as fish aquariums, which shall must be outside of the body-piercing area or sterilization area. No animals are allowed in the body-piercing area, body-piercing ear only area, or sterilization area.

M. In a body-piercing salon, or body-piercing ear only salon, or temporary location, the use of tobacco products and consumption of alcoholic beverages shall must be prohibited in the body-piercing area, body-piercing ear only area, or sterilization area.

N. In a body-piercing salon, or body-piercing ear only salon, or temporary location, no food or drink will be stored or consumed in the body-piercing area, body-piercing ear only area, or sterilization area.

O. In a body-piercing salon, or body-piercing ear only salon, or temporary location, if body-piercing or body-piercing ear only is performed where cosmetology services are provided, it shall must be performed in an area that is separate and enclosed.

P. All steam sterilizers shall must be biological spore tested at least monthly.

Q. Biological spore tests shall must be verified through an independent laboratory.

R. Biological spore test records shall must be retained for a period of three years and made available upon request.

S. Steam sterilizers shall must be used only for instruments used by the salon's employees.

18VAC41-60-200. Body piercer Body-piercer and body piercer body-piercer ear only responsibilities.

A. All body piercers body-piercers and body piercers body-piercers ear only shall must provide to the responsible management one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management management's offer of a full series of Hepatitis B vaccine.

B. All body piercers body-piercers and body piercers body-piercers ear only shall must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All body piercers body-piercers and body piercers body-piercers ear only shall must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after body piercing body-piercing and as necessary to remove contaminants.

D. All body piercers body-piercers and body piercers body-piercers ear only must wear single-use examination gloves while assembling instruments and another pair of single-use examination gloves while providing piercing services.

E. Each time there is an interruption in the service, each time the gloves become torn or perforated or become contaminated, or whenever the ability of the gloves to function as a barrier is compromised:

1. Gloves shall must be removed and disposed of; and

2. Hands shall must be cleaned and a fresh pair of gloves used.

F. Body piercers Body-piercers and body piercers body-piercers ear only shall must use standard precautions while providing piercing services. A body piercer body-piercer or body piercer body-piercer ear only diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Occupational Regulation a written statement from a health care practitioner that the body piercer's body-piercer's condition no longer poses a threat to public health.

G. Body piercers Body-piercers and body piercers body-piercers ear only with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be pierced shall be cleaned with an approved germicidal soap or antiseptic product according to label directions.

I. The external skin of the H. All client areas to be pierced shall must be cleaned with an approved germicidal soap or antiseptic product according to the label directions. In the case of oral piercings, the operator shall must provide the individual with antiseptic mouthwash in a single-use cup and shall must ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this subsection for both skin and oral piercings shall must be followed.

J. I. If shaving is required, razors shall must be single-use and disposed of in a puncture-resistant container.

K. J. Each body piercer body-piercer or body piercer body-piercer ear only performing any piercing procedures in the salon shall must have the education, training, and experience, or any combination thereof, to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall must be performed using aseptic technique.

L. K. An individual, single-use, pre-sterilized piercing needle shall must be used for each client. Single-use disposable instruments shall must be disposed of in a puncture-resistant container.

M. L. Used, nondisposable instruments shall must be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall must be handled with disposable gloves.

N. M. Used nondisposable instruments that are ultrasonically cleaned shall must be rinsed under running hot water prior to being placed in the used instrument container.

O. N. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container shall must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

P. O. The ultrasonic unit shall must be sanitized daily with a germicidal solution.

Q. P. Nondisposable instruments shall must be sterilized and shall must be handled and stored in a manner to prevent contamination. Instruments to be sterilized shall must be sealed in bags made specifically for the purpose of autoclave sterilization and shall must include the date of sterilization. If nontransparent bags are utilized, the bag shall must also list the contents.

R. Q. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization shall must be utilized during the autoclave sterilization process.

S. R. Nondisposable instruments shall must be placed in the autoclave in a manner to allow live steam to circulate around them.

T. S. Contaminated disposable and single-use items shall must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

U. T. The manufacturer's written instruction of the autoclave shall must be followed.

18VAC41-60-210. Body-piercing client qualifications, disclosures, and records.

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and shall must present at the time of the body piercing body-piercing a valid, government-issued, positive identification card, including, but not limited to, a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The body piercer shall body-piercer must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be body pierced body-pierced who appears to be under the influence of alcohol or drugs.

D. Body piercing shall Body-piercing must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, or abrasions.

E. Before receiving a body piercing body-piercing, each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each body piercing body-piercing. Signatures of the client, the client's parent or guardian, if applicable, and the body piercer shall body-piercer must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures. Each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing of aftercare for each piercing.

F. The body-piercing salon or temporary location shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the department or authorized agent. Records shall must be maintained at the body-piercing salon for at least two years following the date of the last entry. The temporary location client records shall be maintained by the license holder. The permanent records shall must include the following:

1. The name, address, and telephone number of the client or client's parent or guardian;

2. The date body piercing body-piercing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the body piercer body-piercer;

4. The specific type of jewelry used for the piercing and, when available, the manufacturer's catalogue catalog or identification number for the type of jewelry used;

5. The location on the body where the body piercing body-piercing was performed;

6. The name of the body piercer body-piercer;

7. A statement that the client or client's parent or guardian has received a copy of applicable written care instructions and that the client has read and understands the instructions; and

8. The signature of the client and, if applicable, parent or guardian.

18VAC41-60-220. Grounds for license revocation or suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty.

The board may, in considering the totality of the circumstances, fine any licensee and suspend, place on probation, or revoke or refuse to issue, renew, or reinstate any license, or deny any application; impose a monetary penalty; place a license on probation with such terms and conditions and for such time as it may designate; suspend a license for a stated period of time; or revoke a license issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if the board finds that the licensee or applicant:

1. Is incompetent or negligent in practice, or incapable mentally or physically unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a body piercer body-piercer or body piercer body-piercer ear only, or (ii) operate a body piercing body-piercing salon;

2. Is convicted of fraud or deceit in the practice body piercing of body-piercing or body piercing body-piercing ear only;

3. Attempted Attempts to obtain, obtained obtains, renewed renews, or reinstated reinstates a license by false or fraudulent representation;

4. Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which body piercers body-piercers or body piercers body-piercers ear only may practice or offer to practice;

5. Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent in the performance of the employee's duties any federal, state, or local law, regulation, or ordinance governing body piercing body-piercing as defined in § 54.1-700 of the Code of Virginia;

6. Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) or this chapter;

8. Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, apprentice's, temporary license holder's, applicant's or responsible management management's possession or maintained in accordance with this chapter;

9. Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, apprentice, or temporary license;

10. Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;

11. Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license, certificate, or permit in connection with a any final action or disciplinary action taken against a license, apprentice, temporary license, or certificate in any other jurisdiction or of any license, certificate, or permit which has been the subject of disciplinary action in any other jurisdiction by a local, state, or national regulatory body;

12. Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of a misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt;

13. Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;

14. Allows, as responsible management of a salon, a person who has not obtained a license or temporary license to practice as a body piercer body-piercer or body piercer body-piercer ear only, unless the person is duly enrolled as an apprentice;

15. Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of body piercing body-piercing, or the operation of body-piercing salon or body-piercing ear only salon; or

16. Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Final Regulation

Title of Regulation: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-10, 18VAC50-22-20, 18VAC50-22-30, 18VAC50-22-90 through 18VAC50-22-240, 18VAC50-22-260, 18VAC50-22-300, 18VAC50-22-310, 18VAC50-22-320, 18VAC50-22-350; repealing 18VAC50-22-250, 18VAC50-22-330).

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

Effective Date: September 1, 2025.

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.

Summary:

Pursuant to Executive Directive One (2022), the amendments (i) revise definitions; (ii) remove and consolidate fees; (iii) clarify and streamline licensing provisions; (iv) extend to 60 days the period of time a regulant has to report a change of qualified individual; (v) expand the requirement for a contractor to obtain the signed acknowledgment of receipt of department statement of protection; and (vi) reduce to six hours the length of the required prelicense education course and remove requirements that the student supply a social security number for that education course and that the course provider have certificates of approval available on site.

Changes to the proposed regulation include (i) removing a proposed change that would allow highway/heavy contractors to abandon Class IIIC bored or drilled wells, (ii) removing a provision regarding post-licensure criminal convictions, (iii) replacing a requirement that the application for course approval include a provider's telephone number with a requirement to furnish the provider's contact information, and (iv) technical amendments.

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 I

Definitions General

18VAC50-22-10. General definitions.

A. Section 54.1-1100 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Board"

"Class A contractors"

"Class B contractors"

"Class C contractors"

"Contractor"

"Department"

"Designated employee"

"Director"

"Fire sprinkler contractor"

"Owner-developer"

"Person"

"Value"

B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, shall have the following meanings:

"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.

"Affidavit" means a written statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a notary or other person having the authority to administer such oath or affirmation.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Change order" means any modification to the original contract, including, but not limited to, the time to complete the work, change in materials, change in cost, and change in the scope of work.

"Controlling financial interest" means the direct or indirect ownership or control of more than 50% ownership of a firm.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Formal vocational training" means courses in the trade administered at an accredited educational facility or formal training, approved by the department board, conducted by trade associations, businesses, military, correspondence schools, or other similar training organizations.

"Full-time employee" means an employee who spends a minimum of 30 hours a week carrying out the work of the licensed contracting business and who receives an IRS Form W-2 annually.

"Helper" or "laborer" means a person who assists a licensed tradesman and who is not an apprentice as defined in 18VAC50-30-10 regulant.

"Licensee" means a firm holding a license issued by the Board for Contractors board to act as a contractor, as defined in § 54.1-1100 of the Code of Virginia.

"Net worth" means assets minus liabilities. For purposes of this chapter, assets shall Assets do not include any property owned as tenants by the entirety or property not titled in the name of the business entity.

"Prime contractor" means a licensed contractor that performs, supervises, or manages the construction, removal, repair, or improvement of real property pursuant to the terms of a primary contract with the property owner/lessee. The prime contractor may use its own employees to perform the work or use the services of other properly licensed contractors.

"Principal place of business" means the location where the licensee principally conducts business with the public.

"Reciprocity" means an arrangement by which the licensees of two states are allowed to practice within each other's boundaries by mutual agreement.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.

"Renewal" means continuing the effectiveness of a license for another period of time the process and requirements for periodically approving the continuance of a license.

"Residential building energy analyst firm" means any business entity wherein a residential building energy analysis, as defined in § 54.1-1144 of the Code of Virginia, is offered or practiced.

"Responsible management" means the principals of the following individuals:

1. The sole proprietor of a sole Sole proprietorship;

2. The partners of a general General partnership;

3. The managing partners of a limited Limited partnership;

4. The officers of a corporation Corporation;

5. The managers of a limited Limited liability company;

6. The officers or directors of an association or both Association; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under his own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Supervision" means providing guidance or direction of a delegated task or procedure by a tradesman licensed in accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, being accessible to the helper or laborer, and periodically observing and evaluating the performance of the task or procedure.

"Supervisor" means the licensed master or journeyman tradesman who has the responsibility to ensure that the installation is in accordance with the applicable provisions of the Virginia Uniform Statewide Building Code and provides supervision to helpers and laborers as defined in this chapter.

"Temporary license" means a license issued by the board pursuant to § 54.1-201.1 of the Code of Virginia that authorizes a person to engage in the practice of contracting until such time as the license is issued or 45 days from the date of issuance of the temporary license, whichever occurs first.

"Tenants by the entirety" means a tenancy which that is created between a husband and wife spouses and by which together they the spouses hold title to the whole with right of survivorship so that, upon death of either, the other takes whole to exclusion of the deceased's remaining heirs.

"Virginia Uniform Statewide Building Code" or "USBC" means building regulations comprised of those promulgated by the Virginia Board of Housing and Community Development in accordance with § 36-98 of the Code of Virginia, including any model codes and standards that are incorporated by reference and that regulate construction, reconstruction, alteration, conversion, repair, maintenance, or use of structures, and building and installation of equipment therein.

18VAC50-22-20. Definitions of license classifications.

The following words and terms when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings unless a different meaning is provided or is plainly required by the context:

"Commercial building contractors" (Abbr: CBC) means those individuals contractors whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, and accessory use buildings or structures. The CBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, repair, or improvement, of dwellings and townhouses as defined in the USBC.

[ If the CBC contractor performs specialty services other than those listed in this definition, all required specialty designations ] shall [ must be obtained. ] The CBC may act as a prime contractor and contract with subcontractors to perform work not permitted by the CBC license. The commercial building classification includes but is not limited to the functions carried out by the following specialties for contracts of commercial, institutional, governmental, and accessory use buildings or structures, including multi-family housing:

Billboard/sign contracting

Commercial improvement contracting

Concrete contracting

Farm improvement contracting

Industrialized building contracting

Landscape service contracting

Marine facility contracting

Masonry contracting

Painting and wallcovering contracting

Recreational facility contracting

Roofing contracting

Swimming pool contracting

"Electrical contractors" (Abbr: ELE) means those individuals contractors whose contracts include the construction, installation, repair, maintenance, alteration, or removal of electrical systems. This classification provides for all work covered by the electrical provisions of the USBC, including electronic/communication service contracting (ESC) and fire alarm systems contracting (FAS) specialties. [ A firm holding an ELE license is responsible for meeting all applicable individual license and certification regulations. ]

"Fire sprinkler contracting" (Abbr: SPR) means the classification that provides for the installation, repair, alteration, addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. This classification does not provide for the installation, repair, or maintenance of other types of fire suppression systems. The PLB classification allows for the installation of systems permitted to be designed in accordance with the plumbing provisions of the USBC. This classification may engage in the installation of backflow prevention devices in the fire sprinkler supply main and incidental to the sprinkler system installation when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Highway/heavy contractors" (Abbr: H/H) means those individuals contractors whose contracts include construction, repair, improvement, or demolition of the following:

Bridges

Dams

Drainage systems

Foundations

Parking lots

Public transit systems

Railroads

Roads

Runways

Streets

Structural signs and lights

Tanks

The functions carried out by these contractors include but are not limited to the following:

Building demolition

Clearing

Concrete work

Excavating

Grading

Nonwater well drilling

Paving

Pile driving

Road marking

Steel erection

These contractors also install, maintain, or dismantle the following:

1. Power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter;

2. Pumping stations and treatment plants;

3. Telephone, telegraph, or signal systems for public utilities; and

4. Water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances.

This classification may also install backflow prevention devices incidental to work in this classification when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices. [ When performing site work, this classification may properly abandon a Class IIIC bored/drilled well in accordance with Virginia Department of Health regulations. ]

"HVAC contractors" (Abbr: HVA) means those individuals contractors whose work includes contracts include the installation, alteration, repair, or maintenance of heating systems, ventilating systems, cooling systems, steam and hot water heaters, heating systems, boilers, process piping, and mechanical refrigeration systems, including tanks incidental to the system. This classification does not provide for fire suppression installations, sprinkler system installations, or gas piping. [ A firm holding ] a [ an HVAC license is responsible for meeting all applicable individual license and certification regulations. ] This classification may install backflow prevention devices incidental to work in this classification.

"Plumbing contractors" (Abbr: PLB) means those individuals contractors whose contracts include the installation, maintenance, extension, or alteration, or removal of all piping, fixtures, appliances, and appurtenances in connection with any of the following:

Backflow prevention devices

Boilers

Hot water baseboard heating systems

Hot water heaters

Hydronic systems

Process piping

Public/private water supply systems within or adjacent to any building, structure, or conveyance

Sanitary or storm drainage facilities

Steam heating systems

Storage tanks incidental to the installation of related systems

Venting systems related to plumbing

These contractors also install, maintain, extend, or alter the following:

Liquid waste systems

Sewerage systems

Storm water systems

Water supply systems

This classification does not provide for (i) gas piping or (ii) the function of fire sprinkler contracting except for sprinklers that are tied into the domestic water supply. [ A firm holding a PLB license is responsible for meeting all applicable individual license and certification regulations. ] The classification may install fire sprinkler systems permitted to be designed in accordance with the plumbing provisions of the USBC when the installer has received formal vocational training approved by the board that included instruction of installation of fire sprinkler systems.

"Residential building contractors" (Abbr: RBC) means those individuals contractors whose contracts include construction, remodeling, repair, improvement, removal, or demolition on real property owned, controlled, or leased by another person of dwellings and townhouses, as defined in the USBC, including accessory buildings or structures on such property. The RBC classification does not provide for electrical, plumbing, HVAC, or gas fitting services and does not allow construction, removal, repair, or improvement to commercial, industrial, institutional, or governmental use structures outside of dwellings and townhouses, as defined by the USBC.

The residential building classification includes but is not limited to the functions carried out by the following specialties for contracts of dwellings and townhouses, as defined by the USBC, and related accessory use buildings or structures:

Concrete contracting

Home improvement contracting

Industrialized building contracting

Landscape service contracting

Masonry contracting

Painting and wallcovering contracting

Roofing contracting

Swimming pool contracting

"Specialty contractors" means those individuals contractors whose contracts are for specialty services that do not generally fall within the scope of any other classification within this chapter.

18VAC50-22-30. Definitions of specialty services.

The following words and terms when used in this chapter unless a different meaning is provided or is plainly required by the context shall have the following meanings unless a different meaning is provided or is plainly required by the context:

"Accessibility services contracting" (Abbr: ASC) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work. This specialty does not include work on limited use-limited application (LULA) elevators.

"Accessibility services contracting - LULA" (Abbr: ASL) means the service that provides for all work in connection with the constructing, installing, altering, servicing, repairing, testing, or maintenance of wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, private residence elevators, and limited use-limited application (LULA) elevators in accordance with the Virginia Uniform Statewide Building Code (13VAC5-63). The EEC specialty may also perform this work.

"Alternative energy system contracting" (Abbr: AES) means the service that provides for the installation, repair, or improvement, from the customer's meter, of alternative energy generation systems, supplemental energy systems and associated equipment annexed to real property. This service does not include the installation of emergency generators powered by fossil fuels. No other classification or specialty service provides this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions.

"Alternative sewage disposal system contracting" (Abbr: ADS) means the service that provides for the installation, repair, improvement, or removal of a treatment works that is not a conventional onsite sewage system and does not result in a point source discharge. No other classification or specialty service provides this function.

"Asbestos contracting" (Abbr: ASB) means the service that provides for the installation, removal, or encapsulation of asbestos containing materials annexed to real property. No other classification or specialty service provides for this function.

"Asphalt paving and sealcoating contracting" (Abbr: PAV) means the service that provides for the installation, repair, improvement, or removal of asphalt paving or sealcoating, or both, on subdivision streets and adjacent intersections, driveways, parking lots, tennis courts, running tracks, and play areas, using materials and accessories common to the industry. This includes height adjustment of existing sewer manholes, storm drains, water valves, sewer cleanouts and drain grates, and all necessary excavation and grading. The H/H classification also provides for this function.

"Billboard/sign contracting" (Abbr: BSC) means the service that provides for the installation, repair, improvement, or dismantling of any billboard or structural sign permanently annexed to real property. H/H and CBC are the classifications that can perform this work except that a contractor in this specialty may connect or disconnect signs to existing electrical circuits. No trade related plumbing, electrical, or HVAC work is included in this function.

"Blast/explosive contracting" (Abbr: BEC) means the service that provides for the use of explosive charges for the repair, improvement, alteration, or demolition of any real property or any structure annexed to real property. No other classification or specialty service provides this function.

"Commercial improvement contracting" (Abbr: CIC) means the service that provides for repair or improvement to structures not defined as dwellings and townhouses in the USBC. The CBC classification also provides for this function. The CIC specialty does not provide for the construction of new buildings, accessory buildings, electrical, plumbing, HVAC, or gas work.

"Concrete contracting" (Abbr: CEM) means the service that provides for all work in connection with the processing, proportioning, batching, mixing, conveying, and placing of concrete composed of materials common to the concrete industry. This includes finishing, coloring, curing, repairing, testing, sawing, grinding, grouting, placing of film barriers, sealing, and waterproofing. Construction and assembling of forms, molds, slipforms, and pans, centering, and the use of rebar are also included. The CBC, RBC, and H/H classifications also provide for this function.

"Conventional sewage disposal system contracting" (Abbr: CDS) means the service that provides for the installation, repair, improvement, or removal of a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield. The ADS specialty may also perform this work.

"Drug lab remediation contracting" (Abbr: DLR) means the service that provides for the cleanup, treatment, containment, or removal of hazardous substances at or in a property formerly used to manufacture methamphetamine or other drugs and may include demolition or disposal of structures or other property. No other classification or specialty provides for this function.

"Drywall contracting" (Abbr: DRY) means the service that provides for the installation, taping, and finishing of drywall, panels and assemblies of gypsum wallboard, sheathing, and cementitious board, and the installation of studs made of sheet metal for the framing of ceilings and nonstructural partitioning. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Electronic/communication service contracting" (Abbr: ESC) means the service that provides for the installation, repair, improvement, or removal of electronic or communications systems annexed to real property including telephone wiring, computer cabling, sound systems, data links, data and network installation, television and cable TV wiring, antenna wiring, and fiber optics installation, all of which or other systems that operate at 50 volts or less. A firm holding an ESC license is responsible for meeting all applicable tradesman licensure standards. The ELE classification also provides for this function.

"Elevator/escalator contracting" (Abbr: EEC) means the service that provides for the installation, repair, improvement, or removal of elevators or escalators permanently annexed to real property. [ A firm holding an EEC license is responsible for meeting all applicable individual license and certification regulations. ] No other classification or specialty service provides for this function.

"Environmental monitoring well contracting" (Abbr: EMW) means the service that provides for the construction of a well to monitor hazardous substances in the ground. The H/H classification and WWP specialty also [ provides provide ] for this function.

"Environmental specialties contracting" (Abbr: ENV) means the service that provides for installation, repair, removal, or improvement of pollution control and remediation devices. No other specialty provides for this function. This specialty does not provide for electrical, plumbing, gas fitting, or HVAC functions. The H/H classification also provides for this function.

"Equipment/machinery contracting" (Abbr: EMC) means the service that provides for the installation or removal of equipment or machinery, including conveyors or heavy machinery. Boilers exempted by the Virginia Uniform Statewide Building Code (13VAC5-63) but regulated by the Department of Labor and Industry are also included in this specialty. This specialty does not provide for any electrical, plumbing, process piping, or HVAC functions.

"Farm improvement contracting" (Abbr: FIC) means the service that provides for the installation, repair, or improvement of a nonresidential farm building or structure, or nonresidential farm accessory-use structure, or additions thereto. The CBC and RBC [ classification classifications ] also [ provides provide ] for this function. The FIC specialty does not provide for any electrical, plumbing, HVAC, or gas fitting functions.

"Finish carpentry contracting" (Abbr: FIN) means the service that provides for the installation, repair, and finishing of cabinets, sash casing, door casing, wooden flooring, baseboards, countertops, and other millwork. Finish carpentry does not include the installation of ceramic tile, marble, and artificial or cultured stone. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Fire alarm systems contracting" (Abbr: FAS) means the service that provides for the installation, repair, or improvement of fire alarm systems that operate at 50 volts or less. The ELE classification also provides for this function. [ A firm with an FAS license is responsible for meeting all applicable tradesman licensure standards. ]

"Fire sprinkler contracting" (Abbr: SPR) means the service that provides for the installation, repair, alteration, addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. This specialty does not provide for the installation, repair, or maintenance of other types of fire suppression systems. The PLB classification allows for the installation of systems permitted to be designed in accordance with the plumbing provisions of the USBC. This specialty may engage in the installation of backflow prevention devices in the fire sprinkler supply main and incidental to the sprinkler system installation when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Fire suppression contracting" (Abbr: FSP) means the service that provides for the installation, repair, improvement, or removal of fire suppression systems including halon and other gas systems, dry chemical systems, and carbon dioxide systems annexed to real property. No other classification provides for this function. The FSP specialty does not provide for the installation, repair, or maintenance of water sprinkler systems.

"Flooring and floor covering contracting" (Abbr: FLR) means the service that provides for the installation, repair, improvement, or removal of materials that are common in the flooring industry. This includes wood and wood composite flooring, tack strips or other products used to secure carpet, vinyl and linoleum, ceramic, marble, stone, and all other types of tile, and includes the installation or replacement of subflooring, leveling products, or other materials necessary to facilitate the installation of the flooring or floor covering. This does not include the installation, repair, or removal of floor joists or other structural components of the flooring system. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Framing subcontractor contractor" (Abbr: FRM) means the service which, while serving in the role of a subcontractor to a licensed prime contractor, that provides for the construction, removal, repair, or improvement to any framing or rough carpentry necessary for the construction of framed structures, including the installation and repair of individual components of framing systems. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Gas fitting contracting" (Abbr: GFC) means the service that provides for the installation, repair, improvement, or removal of gas piping and appliances annexed to real property. [ A firm holding a GFC license is responsible for meeting all applicable individual (tradesman) licensure regulations. ]

"Glass and glazing contracting" (Abbr: GLZ) means the service that provides for the installation, assembly, repair, improvement, or removal of all makes and kinds of glass, glass work, mirrored glass, and glass substitute for glazing; executes the fabrication and glazing of frames, panels, sashes and doors; or installs these items in any structure. This specialty includes the installation of standard methods of weatherproofing, caulking, glazing, sealants, and adhesives. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Home improvement contracting" (Abbr: HIC) means the service that provides for repairs or improvements to dwellings and townhouses as defined in the USBC or structures annexed to those dwellings or townhouses as defined in the USBC. The RBC classification also provides for this function. The HIC specialty does not provide for electrical, plumbing, HVAC, or gas fitting functions. It does not include new construction functions beyond the existing building structure other than decks, patios, driveways, and utility out buildings that do not require a permit per the USBC.

"Industrialized building contracting" (Abbr: IBC) means the service that provides for the installation or removal of an industrialized building as defined in the Virginia Industrialized Building Safety Regulations (13VAC5-91). This classification covers foundation work in accordance with the provisions of the Virginia Uniform Statewide Building Code (13VAC5-63) and allows the licensee to complete internal tie-ins of plumbing, gas, electrical, and HVAC systems. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter, or installing the outside compressor for the HVAC system. The CBC and RBC classifications also provide for this function.

"Insulation and weather stripping contracting" (Abbr: INS) means the service that provides for the installation, repair, improvement, or removal of materials classified as insulating media used for the sole purpose of temperature control or sound control of residential and commercial buildings. It does not include the insulation of mechanical equipment and ancillary lines and piping. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Landscape irrigation contracting" (Abbr: ISC) means the service that provides for the installation, repair, improvement, or removal of irrigation sprinkler systems or outdoor sprinkler systems. The PLB and H/H classifications also provide for this function. This specialty may install backflow prevention devices incidental to work in this specialty when the installer has received formal vocational training approved by the board that included instruction in the installation of backflow prevention devices.

"Landscape service contracting" (Abbr: LSC) means the service that provides for the alteration or improvement of a land area not related to any other classification or service activity by means of excavation, clearing, grading, construction of retaining walls for landscaping purposes, or placement of landscaping timbers. This specialty may remove stumps and roots below grade. The CBC, RBC, and H/H classifications and the CIC and HIC specialties also provide for this function.

"Lead abatement contracting" (Abbr: LAC) means the service that provides for the removal or encapsulation of lead-containing materials annexed to real property. No other classification or specialty service provides for this function, except that the PLB and HVA classifications may provide this service incidental to work in those classifications.

"Liquefied petroleum gas contracting" (Abbr: LPG) means the service that includes the installation, maintenance, extension, alteration, or removal of all piping, fixtures, appliances, and appurtenances used in transporting, storing, or utilizing liquefied petroleum gas. This excludes hot water heaters, boilers, and central heating systems that require an HVA or PLB license. The GFC specialty also provides for this function. [ A firm holding an LPG license is responsible for meeting all applicable individual license and certification regulations. ]

"Manufactured home contracting" (Abbr: MHC) means the service that provides for the installation or removal of a manufactured home as defined in the Virginia Manufactured Home Safety Regulations (13VAC5-95). This classification does not cover foundation work; however, it does allow installation of piers covered under HUD regulations. It does allow a licensee to do internal tie-ins of plumbing, gas, electrical, or HVAC equipment. It does not allow for installing additional plumbing, gas, electrical, or HVAC work such as installing the service meter or installing the outside compressor for any components of the HVAC system. No other specialty provides for this function.

"Marine facility contracting" (Abbr: MCC) means the service that provides for the construction, repair, improvement, or removal of any structure the purpose of which is to provide access to, impede, or alter a body of surface water. The CBC and H/H classifications also provide for this function. The MCC specialty does not provide for the construction of accessory structures or electrical, HVAC, or plumbing functions.

"Masonry contracting" (Abbr: BRK) means the service that includes the installation of brick, concrete block, stone, marble, slate, or other units and products common to the masonry industry, including mortarless type masonry products. This includes installation of grout, caulking, tuck pointing, sand blasting, mortar washing, parging, and cleaning and welding of reinforcement steel related to masonry construction. The CBC and, RBC, and H/H classifications and the HIC and CIC specialties also provide for this function.

"Miscellaneous contracting" (Abbr: MSC) means the service that may fall under another classification or specialty service but is more limited than the functions provided by the other classification or specialty. This specialty is limited to a single activity and will be restricted to that specialty only. This specialty may not be used for work that would fall under the ELE, HVA, PLB, GFC, LPG, NGF, EEC, WWP, ASC, LAC, or ASB classification or specialty. Contractors applying for the MSC specialty will have their applications reviewed by the Board for Contractors.

"Natural gas fitting provider contracting" (Abbr: NGF) means the service that provides for the incidental repair, testing, or removal of natural gas piping or fitting annexed to real property. This does not include new installation of gas piping for hot water heaters, boilers, central heating systems, or other natural gas equipment that requires an HVA or PLB license. The GFC specialty also provides for this function. [ A firm holding an NGF license is responsible for meeting all applicable individual license and certification regulations. ]

"Painting and wallcovering contracting" (Abbr: PTC) means the service that provides for the application of materials common to the painting and decorating industry for protective or decorative purposes, the installation of surface coverings such as vinyls, wall papers, and cloth fabrics. This includes surface preparation, caulking, sanding, and cleaning preparatory to painting or coverings and includes both interior and exterior surfaces. The CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Radon mitigation contracting" (Abbr: RMC) means the service that provides for additions, repairs, or improvements to buildings or structures, for the purpose of mitigating or preventing the effects of radon gas. No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty.

"Recreational facility contracting" (Abbr: RFC) means the service that provides for the construction, repair, or improvement of any recreational facility, excluding paving and the construction of buildings, plumbing, electrical, and HVAC functions. The CBC classification and H/H classifications also [ provides provide ] for this function.

"Refrigeration contracting" (Abbr: REF) means the service that provides for installation, repair, or removal of any refrigeration equipment (excluding HVAC equipment). No electrical, plumbing, gas fitting, or HVAC functions are provided by this specialty. This specialty is intended for those contractors who repair or install coolers, refrigerated casework, ice-making machines, drinking fountains, cold room equipment, and similar hermetic refrigeration equipment. The HVA classification also provides for this function.

"Roofing contracting" (Abbr: ROC) means the service that provides for the installation, repair, removal, or improvement of materials common to the industry that form a watertight, weather resistant surface for roofs and decks. This includes roofing system components when installed in conjunction with a roofing project, application of dampproofing or waterproofing, and installation of roof insulation panels and other roof insulation systems above roof deck. The CBC and RBC classifications and the HIC and CIC specialties also provide for this function.

"Steel erection contracting" (Abbr: STL) means the service that provides for the fabrication and erection of structural steel shapes and plates, regardless of shape or size, to be used as structural members, or tanks, including any related riveting, welding, and rigging. This specialty includes the fabrication, placement and tying of steel reinforcing bars (rods), and post-tensioning to reinforce concrete buildings and structures. The CBC and, RBC, and H/H classifications and HIC and CIC specialties also provide for this function.

"Swimming pool construction contracting" (Abbr: POL) means the service that provides for the construction, repair, improvement, or removal of in-ground swimming pools. The CBC and, RBC, and H/H classifications and the RFC specialty also provide for this function. No trade related plumbing, electrical, backflow, or HVAC work is included in this specialty.

"Tile, marble, ceramic, and terrazzo contracting" (Abbr: TMC) means the service that provides for the preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, terrazzo, encaustic, faience, quarry, semi-vitreous, cementitious board, and other tile, excluding hollow or structural partition tile. The CBC and RBC classifications and HIC and CIC specialties also provide for this function.

"Underground utility and excavating contracting" (Abbr: UUC) means the service that provides for the construction, repair, improvement, or removal of main sanitary sewer collection systems, main water distribution systems, storm sewer collection systems, and the continuation of utility lines from the main systems to a point of termination up to and including the meter location for the individual occupancy, sewer collection systems at property line, or residential or single-occupancy commercial properties, or on multi-occupancy properties at manhole or wye lateral extend to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer structures water, gas, and sewer connections to residential, commercial, and industrial sites, subject to local ordinances. This specialty may install empty underground conduits in rights-of way, easements, platted rights-of-way in new site development, and sleeves for parking lot crossings if each conduit system does not include installation of any conductor wiring or connection to an energized electrical system. The H/H classification also provides for this function.

"Vessel construction contracting" (Abbr: VCC) means the service that provides for the construction, repair, improvement, or removal of nonresidential vessels, tanks, or piping that hold or convey fluids other than sanitary, storm, waste, or potable water supplies. The H/H classification also provides for this function.

"Water well/pump contracting" (Abbr: WWP) means the service that provides for the installation of a water well system, including geothermal wells, which includes construction of a water well to reach groundwater, as defined in § 62.1-255 of the Code of Virginia, and the installation of the well pump and tank, including pipe and wire, up to and including the point of connection to the plumbing and electrical systems. No other classification or specialty service provides for construction of water wells. This regulation shall not exclude the PLB, ELE, or HVA classification from installation of pumps and tanks.

Note: Specialty contractors engaging in construction that involves the following activities or items or similar activities or items may fall under the CIC, HIC, and FIC specialty services, or they may fall under the CBC or RBC classification.

Appliances	Fences	Railings
Awnings	Fiberglass	Rigging
Blinds	Fireplaces	Rubber linings
Bulkheads	Fireproofing	Sandblasting
Carpeting	Fixtures	Scaffolding
Ceilings	Grouting	Screens
Chimneys	Guttering	Shutters
Chutes	Interior decorating	Siding
Curtains	Lubrication	Skylights
Curtain walls	Metal work	Storage bins and lockers
Decks	Millwrighting	Stucco
Doors	Mirrors	Vaults
Drapes	Miscellaneous iron	Wall panels
Epoxy	Ornamental iron	Waterproofing
Exterior decoration	Partitions	Windows
Facings	Protective coatings

18VAC50-22-90. Past due recovery fund assessments.

No license shall will be issued to an applicant whose previous license or registration was suspended for nonpayment of a Virginia Contractor Transaction Recovery Fund assessment until all past-due assessments have been paid.

18VAC50-22-100. Fees.

[ Each check or money order ] shall [ must 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 will 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	$210
Class B Initial License	with license application	$345
Class A Initial License	with license application	$360
Temporary License	with license application and applicable initial license fee	$50
Residential Building Energy Analyst Firm License	with license application	$210
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
Change of Designated Employee	with change application	$110
Change of Qualified Individual	with change application	$110
Addition of Classification or Specialty	with addition application	$110

Note: A In accordance with § 54.1-1119 of the Code of Virginia, a $25 Recovery Fund assessment is also required with each initial license application, except for the residential building energy analyst firm license. 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. No Recovery Fund assessment is required for residential building energy analyst firm license, change of designated employee, change of qualified individual, or addition of classification or specialty.

18VAC50-22-110. Renewal required.

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

18VAC50-22-120. Procedures for renewal.

The Department of Professional and Occupational Regulation will mail a notice of renewal to the licensee at the last known address of record. Failure to receive this notice shall does not relieve the licensee of the obligation to renew. If the licensee does not receive the notice of renewal, a copy of the license may be substituted with the required fee.

18VAC50-22-130. Qualifications for renewal.

A. The license holder's completed renewal form and appropriate fees must be received within 30 days of the license expiration date in order to renew the license. Licenses are not valid during the 30-day grace period. Applications and fees received after the 30-day period will be processed in accordance with Part IV (18VAC50-22-160 et seq.) of this chapter.

B. Applicants for renewal of a Class C license shall must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-40. Applicants for renewal of a Class B license shall must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-50. Applicants for renewal of a Class A license shall must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-60.

C. Applicants for renewal of a residential building energy analyst firm license shall must continue to meet all of the qualifications for licensure set forth in 18VAC50-22-62 and shall submit proof of insurance as required in 18VAC50-22-62 C.

18VAC50-22-140. Renewal fees.

[ Each check or money order ] should [ must 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 will 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	$195
Class B renewal	with renewal application	$225
Class A renewal	with renewal application	$240
Residential Building Energy Analyst Firm renewal	with renewal application	$195

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

[ For renewal fees received on or before August 31, 2025, the fees ] shall [ will be $150 for a Class C renewal, $175 for a Class B renewal, $200 for a Class A renewal, and $150 for a Residential Building Energy Analyst Firm renewal. ]

18VAC50-22-150. Board discretion to deny renewal.

A. The board may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to [ appeal request further review of ] any such action by the board under the Administrative Process Act (§ 9-6.14:1 (§ 2.2-4000 et seq. of the Code of Virginia).

B. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order may result in delaying or withholding services provided by the department, such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration.

18VAC50-22-160. Reinstatement required.

Should the Department of Professional and Occupational Regulation fail to receive A. If all requirements for renewal of a license holder's renewal form and appropriate fees as specified in 18VAC50-22-130 are not completed within 30 days of the license expiration date, the licensee shall will be required to reinstate the license. Applicants for reinstatement of a Class C license shall meet the requirements of 18VAC50-22-130 by meeting all renewal requirements and by paying the reinstatement fee specified in 18VAC50-22-170. Applicants for reinstatement of a Class B license shall continue to meet the qualifications for licensure set forth in 18VAC50-22-50. Applicants for reinstatement of a Class A license shall continue to meet all the qualifications for licensure set forth in 18VAC50-22-60. Applicants for reinstatement of a residential building energy analyst firm license shall continue to meet all of the qualifications for licensure set forth in 18VAC50-22-62 and shall submit proof of insurance as required in 18VAC50-22-62 C.

B. A license may be reinstated for up to 24 months following the expiration date. After 24 months, the license may not be reinstated and the firm must meet all current entry requirements and apply as a new applicant.

C. Any regulated activity conducted subsequent to the license expiration date may constitute unlicensed activity and be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.) and Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia.

18VAC50-22-170. Reinstatement fees.

[ Each check or money order ] should [ must 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 will 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	$405*
Class B reinstatement	with reinstatement application	$460*
Class A reinstatement	with reinstatement application	$490*
Residential Building Energy Analyst Firm reinstatement	with reinstatement application	$405*
*Includes renewal fee listed in 18VAC50-22-140.

The date on which the reinstatement fee is received by the [ Department of Professional and Occupational Regulation department ] or its agent shall will 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 two years from the expiration date of the license have passed.

[ For reinstatement fees received on or before August 31, 2025, the fees ] shall [ will be $360 for Class C reinstatement, $410 for Class B reinstatement, $450 for Class A reinstatement, and $360 for a Residential Building Energy Analyst Firm. These fees include the renewal fee listed in 18VAC50-22-140. ]

18VAC50-22-180. Status of licensee during the period prior to reinstatement.

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

B. A contractor who reinstates his a license shall be regarded as having been continuously licensed without interruption. Therefore:

1. The contractor shall will remain under the disciplinary authority of the board during this entire period and may be held accountable for his activities during this period.

2. A consumer who contracts with a contractor during the period between the expiration of the license and the reinstatement of the license shall will not be prohibited from making a claim on the Virginia Contractor Transaction Recovery Fund.

A contractor who fails to reinstate his license shall will be regarded as unlicensed from the expiration date of the license forward.

Nothing in this chapter shall will divest the board of its authority to discipline a contractor for a violation of the law or regulations during the period of time for which the contractor was licensed.

C. A residential building energy analyst firm that reinstates its license shall will be regarded as having been continuously licensed without interruption and shall remain under the disciplinary authority of the board during this entire period and may be held accountable for its activities during this period.

18VAC50-22-190. Board discretion to deny reinstatement.

A. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to [ appeal request further review of ] any such action by the board under the Administrative Process Act (§ 9-6.14:1 (§ 2.2-4000 et seq. of the Code of Virginia).

B. Failure to timely pay any monetary penalty, reimbursement of cost or other fee assessed by consent order or final order shall result in delaying or withholding services provided by the department, such as, but not limited to, renewal, reinstatement, processing of a new application, or exam administration.

18VAC50-22-200. Remedial education, revocation or suspension; fines.

The board may require impose remedial education, and a monetary penalty in accordance with § 54.1-202 A of the Code of Virginia or revoke or suspend a any license or fine a licensee when a licensee has been found to have violated or cooperated with others in violating any provision of the regulations of the board or Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, or any regulation of the board.

18VAC50-22-210. Change of business entity requires a new license.

Licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the firm shall must apply for a new license, on a form provided by the board, within 30 days of the change in the business entity. Such changes include but are not limited to:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

18VAC50-22-220. Change of responsible management, designated employee, or qualified individual.

A. Any change in the officers principals of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 120 days of the change.

B. Any change of designated employee shall must be reported on a form provided by the board within 120 days of the change. The new designated employee for a Class B licensee shall must meet the requirements of 18VAC50-22-50 B. The new designated employee for a Class A licensee shall must meet the requirements of 18VAC50-22-60 B. More than one individual associated with a single firm may complete the examination requirements necessary for eligibility as the designated employee.

C. Any change of qualified individual shall must be reported on a form provided by the board within 45 60 days of the change. The new qualified individual for a Class C licensee shall must meet the requirements of 18VAC50-22-40 B. The new qualified individual for a Class B licensee shall must meet the requirements of 18VAC50-22-50 C. The new qualified individual for a Class A licensee shall must meet the requirements of 18VAC50-22-60 C.

18VAC50-22-230. Change of name or address.

A. A licensee must operate under the name in which the license is issued. Any name change shall must be reported in writing to the board within 30 days of the change. The board shall will not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of name.

B. Any change of the address of record or principal place of business shall must be reported in writing to the board within 30 days of the change. The board shall will not be responsible for the licensee's failure to receive notices or correspondence due to the licensee's not having reported a change of address.

18VAC50-22-240. Deletion or addition of a classification or specialty.

A. A licensee wishing to delete a classification or specialty from its license shall must notify the board in writing. If a licensee has only one classification or specialty, deletion of that classification or specialty will result in termination of the license.

B. A licensee wishing to add a classification or specialty to its license shall must complete a form provided by the board. A Class C licensee seeking an additional classification or specialty shall must meet the requirements of 18VAC50-22-40 B for the new classification or specialty. A Class B licensee seeking an additional classification or specialty shall must meet the requirements of 18VAC50-22-50 C for the new classification or specialty. A Class A licensee seeking an additional classification or specialty shall must meet the requirements of 18VAC50-22-60 C for the new classification or specialty.

18VAC50-22-250. Fees. (Repealed.)

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	$110
Change of Qualified Individual	with change form	$110
Addition of Classification or Specialty	with addition application	$110

18VAC50-22-260. Filing of charges; prohibited acts.

A. All complaints against contractors and residential building energy analyst firms may be filed with the Department of Professional and Occupational Regulation at any time during business hours, pursuant to § 54.1-1114 of the Code of Virginia.

B. The following acts are prohibited acts:

1. Failure in any material way to comply with provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board.

2. Furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license.

3. Failure of the responsible management, designated employee, or qualified individual to report to the board, in writing, the suspension or revocation of a contractor license by another state or conviction in a court of competent jurisdiction of a building code violation.

4. Publishing or causing to be published any advertisement relating to contracting that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

5. Negligence or incompetence in the practice of contracting or residential building energy analyses.

6. Misconduct in the practice of contracting or residential building energy analyses.

7. A finding of improper or dishonest conduct in the practice of contracting by a court of competent jurisdiction or by the board.

8. Failure of all those who engage in residential contracting, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to make use of a legible written contract clearly specifying the terms and conditions of the work to be performed. For the purposes of this chapter, residential contracting means construction, removal, repair, or improvements to single-family or multiple-family residential buildings, including accessory-use structures as defined in § 54.1-1100 of the Code of Virginia. Prior to commencement of work or acceptance of payments, the contract shall be signed by both the consumer and the licensee or the licensee's agent.

9. Failure of those engaged in residential contracting as defined in this chapter to comply with the terms of a written contract that contains the following minimum requirements:

a. When work is to begin and the estimated completion date;

b. A statement regarding total cost of the project with regards to the type of contract being specified:

(1) Standard total value project: a statement of the total cost of the project;

(2) Cost plus: a statement identifying the type of cost-plus contract, fee or percentage, and a cap that the total dollar amount cannot exceed; or

(3) Time and materials: a fixed price for labor that includes wages, overhead, general and administrative costs, and cost of materials;

c. The amounts and schedule for progress payments, including a specific statement on the amount of the down payment;

d. A listing of specified materials and work to be performed, which is specifically requested by the consumer;

e. A "plain-language" exculpatory clause concerning events beyond the control of the contractor and a statement explaining that delays caused by such events do not constitute abandonment and are not included in calculating timeframes for payment or performance;

f. A statement of assurance that the contractor will comply with all local requirements for building permits, inspections, and zoning;

g. Disclosure of the cancellation rights of the parties;

h. For contracts resulting from a door-to-door solicitation, a A signed acknowledgment by the consumer that the consumer has been provided with and read the Department of Professional and Occupational Regulation statement of protection available to consumers through the Board for Contractors;

i. Contractor's name, address, license number, class of license, and classifications or specialty services;

j. A statement providing that any modification to the contract that changes the cost, materials, work to be performed, or estimated completion date must be in writing and signed by all parties; and

k. Effective with all new contracts entered into after July 1, 2015, a A statement notifying consumers of the existence of the Virginia Contractor Transaction Recovery Fund that includes information on how to contact the board for claim information.

10. Failure to make prompt delivery to the consumer before commencement of work of a fully executed copy of the contract as described in subdivisions 8 and 9 of this subsection for construction or contracting work.

11. Failure of the contractor to maintain for a period of five years from the date of contract a complete and legible copy of all documents relating to that contract, including the contract and any addenda or change orders.

12. Refusing or failing, upon request, to produce to the board, or any of its agents, any document, book, record, or copy of it in the licensee's possession concerning a transaction covered by this chapter or for which the licensee is required to maintain records.

13. Failing to respond to an agent of the board or providing false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the board against the contractor. Failing or refusing to claim certified mail sent to the licensee's address of record shall constitute a violation of this regulation.

14. Abandonment, defined as the unjustified cessation of work under the contract for a period of 30 days or more.

15. The intentional and unjustified failure to complete work contracted for or to comply with the terms in the contract.

16. The retention or misapplication of funds paid, for which work is either not performed or performed only in part.

17. Making any misrepresentation or making a false promise that might influence, persuade, or induce.

18. Assisting another to violate any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, or this chapter or combining or conspiring with or acting as agent, partner, or associate for another.

19. Allowing a firm's license to be used by another.

20. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

21. Action by the firm, responsible management as defined in this chapter, designated employee, or qualified individual to offer, give, or promise anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of the employee's duties, any federal, state, or local law, regulation, or ordinance governing the construction industry.

22. Where the firm, responsible management as defined in this chapter, designated employee, or qualified individual has been convicted or found guilty, after initial licensure, regardless of adjudication, in any jurisdiction, of any felony or non-marijuana misdemeanor, there being no appeal pending therefrom or the time of appeal having elapsed. [ Any plea of guilty or nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. ]

23. Failure to inform the board in writing, within 30 days, that the firm, a member of responsible management as defined in this chapter, its designated employee, or its qualified individual has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or of a Class 1 misdemeanor or any non-marijuana misdemeanor conviction for activities carried out while engaged in the practice of contracting.

24. Having been disciplined by any county, city, town, or any state or federal governing body, including action by the Virginia Department of Health, which action shall be reviewed by the board before it takes any disciplinary action of its own.

25. Failure to abate a violation of the Virginia Uniform Statewide Building Code (13VAC5-63).

26. Failure of a contractor to comply with the notification requirements of the Virginia Underground Utility Damage Prevention Act, Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia (Miss Utility).

27. Practicing in a classification, specialty service, or class of license for which the contractor is not licensed.

28. Failure to satisfy any judgments.

29. Contracting with an unlicensed or improperly licensed contractor or subcontractor in the delivery of contracting services.

30. Failure to honor the terms and conditions of a warranty.

31. Failure to obtain written change orders, which are signed by both the consumer and the licensee or the licensee's agent, to an already existing contract.

32. Failure to ensure that supervision, as defined in this chapter, is provided to all helpers and laborers assisting licensed tradesman.

33. Failure to obtain a building permit or applicable inspection, where required.

34. Failure of a residential building energy analyst firm to ensure that residential building energy analyses conducted by the firm are consistent with the requirements set forth by the board, the U.S. Environmental Protection Agency, the U.S. Department of Energy, or the Energy Star Program.

35. Failure of a residential building energy analyst firm to maintain the general liability insurance required in 18VAC50-22-62 C at any time while licensed by the board.

36. Failure of a contractor holding the drug lab remediation specialty to ensure that remediation work conducted by the firm or properly licensed subcontractors is consistent with the guidelines set forth by the U.S. Environmental Protection Agency, Virginia Department of Environmental Quality, Virginia Department of Health, or Virginia Department of Forensic Science.

37. Failure of a contractor to appropriately classify all workers as employees or as independent contractors as provided by law.

18VAC50-22-300. Prelicense education courses.

All courses offered by prelicense education providers must be approved by the board prior to the initial offering of the course, and shall cover business principles related to the standards of conduct found in 18VAC50-22-260 B and other applicable requirements of continued licensure set forth in this chapter. Courses must be eight six hours in length. Correspondence and other distance learning courses must include appropriate testing procedures to verify completion of the course.

18VAC50-22-310. Requirements for prelicense education providers.

A. Each provider of a prelicense education course shall must submit an application for course 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 contact information ];

3. Course contact hours;

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

5. Instructor information, including name, license number(s) number, if applicable, and a list of other appropriate trade designations; [ and ]

6. [ Course and material fees; and

7. ] Course syllabus.

B. All providers must establish and maintain a record for each student. The record shall include: the student's name and address; social security number or Virginia DMV control number, if applicable; the course name and clock hours attended; the course syllabus or outline; the name or names of the instructor; the date of successful completion; and the board's course code. Records shall be available for inspection during normal business hours by authorized representatives of the board. Providers must maintain class records for a minimum of five years.

18VAC50-22-320. Reporting of course completion.

All prelicense education providers shall must electronically transmit course completion data to the board in an approved format within seven days of the completion of each individual course. The transmittal will include each student's name, social security number or Virginia DMV control number, if applicable, the date of successful completion of the course, and the board's course code.

18VAC50-22-330. Posting prelicense education course certificates of approval. (Repealed.)

Copies of prelicense education course certificates of approval must be available at the location a course is taught.

18VAC50-22-350. Denial or withdrawal of approval.

The board may deny or withdraw approval of any prelicense education provider for the following reasons:

1. The courses being offered no longer meet the standards established by the board.

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

3. The 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 Contractors Tradesman Regulations.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Proposed Regulation

Titles of Regulations: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-80, 18VAC50-22-100).

18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-100).

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

Public Hearing Information:

August 19, 2025 - 3 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Second Floor Conference Center, Richmond, VA 23233.

Public Comment Deadline: September 26, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Board for Contractors, 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 requires the Board for Contractors to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system. Section 54.1-1102 of the Code of Virginia requires the board to promulgate regulations necessary for the licensure and relicensure of contractors and tradesmen and the certification and recertification of backflow prevention device workers.

Purpose: The board protects the public health, safety, and welfare, in part, by establishing through regulation the minimum qualifications for entry into the profession, including the appropriate examinations for licensure or certification. In the process of negotiating a contract with its examination vendor to expand examination services to include providing examinations in multiple languages, the board determined that the existing examination fee caps pose a challenge to implementing additional examination services. The amendments will allow the board to offer expanded examination services, including additional language services and remote proctoring, while still ensuring that applicants for licensure or certification meet the minimum qualifications to engage in regulated activity.

Substance: The proposed amendments (i) increase examination fee caps for applicants for licensure or certification, (ii) provide that examination fees are charged to an examination candidate based on a contract entered into by the board and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and (iii) remove obsolete provisions regarding examinations administered by the board.

Issues: The primary advantage of this regulatory change is that vendors who might not otherwise bid to contract with the board to provide examination services because of the current examination fee caps could potentially offer services. This increase in competition would be beneficial to the citizens of the Commonwealth because it would allow the board to negotiate a better contract for services, including the expanded services the board contemplates offering in the future, and seek out the best value for these services from multiple providers. Another advantage associated with this change is that the board will be better able to offer the expanded examination services, which will benefit the regulated community by allowing for more businesses and individuals to take the license examinations needed to obtain licensure. The primary advantage to the board is that the board will be better able to serve its customers and the Commonwealth and support workforce development and promotion of a positive business climate. No disadvantages to the public, the regulated community, the agency, or the Commonwealth have been identified.

Department of Planning and Budget 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 below 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. The Board for Contractors (board) proposes to amend provisions related to examination fees that are charged to applicants for licensure or certification. The proposed amendments would remove obsolete language and provide that examination fees are based on a contract entered into by the board and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia).

Background. The board is proposing to amend language in two chapters related to examination fees that are charged to applicants for licensure or certification. This action is similar to actions taken by other boards under the Department of Professional and Occupational Regulation (DPOR) that used to approve or administer a licensing exam but have since contracted with an external organization to administer those exams.² The board has already contracted with an exam vendor, PSI, to administer the exams required by the Board for Contractors Regulations (18VAC50-22), which apply to the designated employee or qualified individual for contractor business licenses, and exams required by the Individual License and Certification Regulations (18VAC50-30). Information regarding the current examinations and fees can be found on the DPOR website.³ Thus, the proposed changes would align the regulation with current practice and remove obsolete information.

Under the proposed text, 18VAC50-22-80 and 18VAC50-30-100 would both be renamed Examination fees and would be amended to state that "The fee for examination is subject to contracted charges to the board by an outside vendor based on a contract entered into 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 candidate in accordance with this contract." These sections would also be amended to remove obsolete provisions regarding approval of examinations.

Further, 18VAC50-22-80 currently caps examination fees at $100 per element; this cap would be increased to $200. 18VAC50-22-100 specifies the Qualified Individual Exam Fee, Class B Exam Fee, and Class A Exam Fee as $20, $40, and $60, respectively. These specific fees, which DPOR reports have been in place since 1995, would be repealed. DPOR reports that these fees are not currently being collected.

For comparison, the fees currently charged by PSI are $85 for a Qualified Individual specialty exam; and $40 for one portion, $72 for two portions, and $85 for three portions of the Class A/Class B Contractors license exam. The Class A license requires all three portions, and the Class B license requires two portions; the fees indicate that applicants can choose to register for one, two, or three portions at a time, and retake one or two sections if needed. Although the combined fees exceed the specific fee amounts in 18VAC50-22-100, they still fall under the current $100 per element cap in 18VAC50-22-80.

18VAC50-30-100 similarly caps examination fees at $100 for the journeyman exam, $125 for the master exam for any of the trades, or $100 for the backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider exams. These caps would be increased to $200, $225, and $200, respectively. For comparison, the fees currently charged by PSI are identical to the current cap, which has been in place in 1995, except for water well system providers, who are currently charged $95.

Estimated Benefits and Costs. As described above, the proposed amendments would conform the regulation to current practice, in the sense that the vendor has already been contracted, and as such, the proposed amendments would not create any new costs. However, the contracted fees are currently at or under the fee caps and are likely to increase beyond these caps when they are renewed next year. Regulants may not have as much opportunity to provide feedback on future fee changes under the procurement process as they would if such changes required the board to take regulatory action. However, future fee increases would be subject to the new caps; thus, regulants can anticipate the magnitude of potential fee changes. DPOR reports that increasing the caps will allow for additional services, including additional language services and remote proctoring. Some regulants would benefit from these services, which would broadly support workforce development.

Businesses and Other Entities Affected. The proposed changes would directly benefit the current examination vendor or other competing vendors by allowing for higher fees in the future, subject to the new caps. However, increasing the caps would likely lead to higher fees for license applicants. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ Since the proposed changes would increase fee caps, leading to higher fees for license applicants in the future, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do appear to adversely affect small businesses. Types and Estimated Number of Small Businesses Affected: Applicants for contractor licenses would include small businesses. Costs and Other Effects: The exam fees would be higher; however, such increases would be limited by the new caps.

Alternative Method that Minimizes Adverse Impact. The board could maintain current caps or increase the caps by a lesser amount. However, these caps have been in place since 1995, and the proposed new caps are lower than they would be if they were adjusted for inflation. Specifically, the Bureau of Labor Statistics CPI Inflation Calculator provides that $100 in 1995 had the same purchasing power as $211 in 2025 and $125 in 1995 corresponds to $264 in 2025. Thus, there are likely no alternative methods that would minimize adverse impact while allowing for increased services.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments may reduce the value of private contractor businesses by increasing costs; however, such cost increases would still be capped and would likely be lower than increases in the cost of materials and equipment. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 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 See for example a 2014 action by the Virginia Board for Asbestos, Lead, and Home Inspectors at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=6886 and a 2015 action by the Board for Hearing Aid Specialists and Opticians at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=7102.

³ See https://www.dpor.virginia.gov/Boards/Contractors and https://www.dpor.virginia.gov/Boards/Tradesmen.

⁴ 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.

⁵ 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.

⁶ 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The proposed amendments (i) increase examination fee caps for applicants for licensure or certification, (ii) provide that examination fees are charged to an examination candidate based on a contract entered into by the Board for Contractors and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and (iii) remove obsolete provisions regarding examinations administered by the board.

18VAC50-22-80. Examinations Examination fees.

All examinations required for licensure shall be approved by the board and provided by the board or a testing service acting on behalf of the board, or another governmental agency or organization. The examination fee shall consist of the administration expenses of the Department of Professional and Occupational Regulation ensuing from the board's examination procedures and contract charges. Exam service contracts shall be established through competitive negotiation The fee for examination is subject to contracted charges to the board by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 11-35 et seq. of the Code of Virginia) (§ 2.2-4300 et seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 $200 per element to the candidate. Fees may be adjusted and charged to the candidate in accordance with this contract.

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	$210
Class B Initial License	with license application	$345
Class A Initial License	with license application	$360
Temporary License	with license application and applicable initial license fee	$50
Residential Building Energy Analyst Firm License	with license application	$210
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

Note: A $25 Recovery Fund assessment is also required with each initial license application, except for the residential building energy analyst firm license. 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.

18VAC50-30-100. Fees for examinations Examination fees.

The fee for examination fee shall consist of the administration expenses of the department resulting from the board's examination procedures and contract charges. Exam service contracts shall be established through competitive negotiation, is subject to contracted charges to the board by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 $200 for the journeyman exam, $125 $225 for the master exam for any of the trades, or $100 $200 for the backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider exams. Fees may be adjusted and charged to the candidate in accordance with this contract.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Proposed Regulation

Titles of Regulations: 18VAC50-22. Board for Contractors Regulations (amending 18VAC50-22-80, 18VAC50-22-100).

18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-100).

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

Public Hearing Information:

August 19, 2025 - 3 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Second Floor Conference Center, Richmond, VA 23233.

Public Comment Deadline: September 26, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Board for Contractors, 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 requires the Board for Contractors to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system. Section 54.1-1102 of the Code of Virginia requires the board to promulgate regulations necessary for the licensure and relicensure of contractors and tradesmen and the certification and recertification of backflow prevention device workers.

Purpose: The board protects the public health, safety, and welfare, in part, by establishing through regulation the minimum qualifications for entry into the profession, including the appropriate examinations for licensure or certification. In the process of negotiating a contract with its examination vendor to expand examination services to include providing examinations in multiple languages, the board determined that the existing examination fee caps pose a challenge to implementing additional examination services. The amendments will allow the board to offer expanded examination services, including additional language services and remote proctoring, while still ensuring that applicants for licensure or certification meet the minimum qualifications to engage in regulated activity.

Substance: The proposed amendments (i) increase examination fee caps for applicants for licensure or certification, (ii) provide that examination fees are charged to an examination candidate based on a contract entered into by the board and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and (iii) remove obsolete provisions regarding examinations administered by the board.

Issues: The primary advantage of this regulatory change is that vendors who might not otherwise bid to contract with the board to provide examination services because of the current examination fee caps could potentially offer services. This increase in competition would be beneficial to the citizens of the Commonwealth because it would allow the board to negotiate a better contract for services, including the expanded services the board contemplates offering in the future, and seek out the best value for these services from multiple providers. Another advantage associated with this change is that the board will be better able to offer the expanded examination services, which will benefit the regulated community by allowing for more businesses and individuals to take the license examinations needed to obtain licensure. The primary advantage to the board is that the board will be better able to serve its customers and the Commonwealth and support workforce development and promotion of a positive business climate. No disadvantages to the public, the regulated community, the agency, or the Commonwealth have been identified.

Department of Planning and Budget 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 below 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. The Board for Contractors (board) proposes to amend provisions related to examination fees that are charged to applicants for licensure or certification. The proposed amendments would remove obsolete language and provide that examination fees are based on a contract entered into by the board and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia).

Background. The board is proposing to amend language in two chapters related to examination fees that are charged to applicants for licensure or certification. This action is similar to actions taken by other boards under the Department of Professional and Occupational Regulation (DPOR) that used to approve or administer a licensing exam but have since contracted with an external organization to administer those exams.² The board has already contracted with an exam vendor, PSI, to administer the exams required by the Board for Contractors Regulations (18VAC50-22), which apply to the designated employee or qualified individual for contractor business licenses, and exams required by the Individual License and Certification Regulations (18VAC50-30). Information regarding the current examinations and fees can be found on the DPOR website.³ Thus, the proposed changes would align the regulation with current practice and remove obsolete information.

Under the proposed text, 18VAC50-22-80 and 18VAC50-30-100 would both be renamed Examination fees and would be amended to state that "The fee for examination is subject to contracted charges to the board by an outside vendor based on a contract entered into 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 candidate in accordance with this contract." These sections would also be amended to remove obsolete provisions regarding approval of examinations.

Further, 18VAC50-22-80 currently caps examination fees at $100 per element; this cap would be increased to $200. 18VAC50-22-100 specifies the Qualified Individual Exam Fee, Class B Exam Fee, and Class A Exam Fee as $20, $40, and $60, respectively. These specific fees, which DPOR reports have been in place since 1995, would be repealed. DPOR reports that these fees are not currently being collected.

For comparison, the fees currently charged by PSI are $85 for a Qualified Individual specialty exam; and $40 for one portion, $72 for two portions, and $85 for three portions of the Class A/Class B Contractors license exam. The Class A license requires all three portions, and the Class B license requires two portions; the fees indicate that applicants can choose to register for one, two, or three portions at a time, and retake one or two sections if needed. Although the combined fees exceed the specific fee amounts in 18VAC50-22-100, they still fall under the current $100 per element cap in 18VAC50-22-80.

18VAC50-30-100 similarly caps examination fees at $100 for the journeyman exam, $125 for the master exam for any of the trades, or $100 for the backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider exams. These caps would be increased to $200, $225, and $200, respectively. For comparison, the fees currently charged by PSI are identical to the current cap, which has been in place in 1995, except for water well system providers, who are currently charged $95.

Estimated Benefits and Costs. As described above, the proposed amendments would conform the regulation to current practice, in the sense that the vendor has already been contracted, and as such, the proposed amendments would not create any new costs. However, the contracted fees are currently at or under the fee caps and are likely to increase beyond these caps when they are renewed next year. Regulants may not have as much opportunity to provide feedback on future fee changes under the procurement process as they would if such changes required the board to take regulatory action. However, future fee increases would be subject to the new caps; thus, regulants can anticipate the magnitude of potential fee changes. DPOR reports that increasing the caps will allow for additional services, including additional language services and remote proctoring. Some regulants would benefit from these services, which would broadly support workforce development.

Businesses and Other Entities Affected. The proposed changes would directly benefit the current examination vendor or other competing vendors by allowing for higher fees in the future, subject to the new caps. However, increasing the caps would likely lead to higher fees for license applicants. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ Since the proposed changes would increase fee caps, leading to higher fees for license applicants in the future, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do appear to adversely affect small businesses. Types and Estimated Number of Small Businesses Affected: Applicants for contractor licenses would include small businesses. Costs and Other Effects: The exam fees would be higher; however, such increases would be limited by the new caps.

Alternative Method that Minimizes Adverse Impact. The board could maintain current caps or increase the caps by a lesser amount. However, these caps have been in place since 1995, and the proposed new caps are lower than they would be if they were adjusted for inflation. Specifically, the Bureau of Labor Statistics CPI Inflation Calculator provides that $100 in 1995 had the same purchasing power as $211 in 2025 and $125 in 1995 corresponds to $264 in 2025. Thus, there are likely no alternative methods that would minimize adverse impact while allowing for increased services.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments may reduce the value of private contractor businesses by increasing costs; however, such cost increases would still be capped and would likely be lower than increases in the cost of materials and equipment. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 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 See for example a 2014 action by the Virginia Board for Asbestos, Lead, and Home Inspectors at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=6886 and a 2015 action by the Board for Hearing Aid Specialists and Opticians at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=7102.

³ See https://www.dpor.virginia.gov/Boards/Contractors and https://www.dpor.virginia.gov/Boards/Tradesmen.

⁴ 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.

⁵ 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.

⁶ 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

The proposed amendments (i) increase examination fee caps for applicants for licensure or certification, (ii) provide that examination fees are charged to an examination candidate based on a contract entered into by the Board for Contractors and an outside examination vendor in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), and (iii) remove obsolete provisions regarding examinations administered by the board.

18VAC50-22-80. Examinations Examination fees.

All examinations required for licensure shall be approved by the board and provided by the board or a testing service acting on behalf of the board, or another governmental agency or organization. The examination fee shall consist of the administration expenses of the Department of Professional and Occupational Regulation ensuing from the board's examination procedures and contract charges. Exam service contracts shall be established through competitive negotiation The fee for examination is subject to contracted charges to the board by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 11-35 et seq. of the Code of Virginia) (§ 2.2-4300 et seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 $200 per element to the candidate. Fees may be adjusted and charged to the candidate in accordance with this contract.

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	$210
Class B Initial License	with license application	$345
Class A Initial License	with license application	$360
Temporary License	with license application and applicable initial license fee	$50
Residential Building Energy Analyst Firm License	with license application	$210
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

Note: A $25 Recovery Fund assessment is also required with each initial license application, except for the residential building energy analyst firm license. 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.

18VAC50-30-100. Fees for examinations Examination fees.

The fee for examination fee shall consist of the administration expenses of the department resulting from the board's examination procedures and contract charges. Exam service contracts shall be established through competitive negotiation, is subject to contracted charges to the board by an outside vendor based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The current examination shall not exceed a cost of $100 $200 for the journeyman exam, $125 $225 for the master exam for any of the trades, or $100 $200 for the backflow prevention device worker, elevator mechanic, accessibility mechanic, or water well systems provider exams. Fees may be adjusted and charged to the candidate in accordance with this contract.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF MEDICINE

Fast-Track Regulation

Title of Regulation: 18VAC85-130. Regulations Governing the Practice of Licensed Midwives (amending 18VAC85-130-80).

Statutory Authority: §§ 54.1-2400 and 54.1-2957.9 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: August 27, 2025.

Effective Date: September 11, 2025.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, fax (804) 915-0382, or email erin.barrett@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Medicine to promulgate regulations that are reasonable and necessary to administer effectively the regulatory system. Section 54.1-2957.9 of the Code of Virginia requires the board to adopt regulations regarding the practice of midwifery.

Purpose: This action is essential to protect the health, safety, and welfare of citizens because the amendments ensure that licensed professional midwives receive consistent requirements regarding disclosure to patients across statutes and regulations.

Rationale for Using Fast-Track Rulemaking Process: This action is noncontroversial and appropriate for a fast-track rulemaking process because the amendments incorporate statutory changes made by the Chapters 673 and 674 of the 2023 Acts of Assembly.

Substance: Pursuant to Chapters 673 and 674 of the 2023 Acts of Assembly, which allow licensed midwives to dispense and administer controlled substances, the amendments require licensed midwives to provide a disclosure stating that midwives may only possess or administer medications and devices listed in the Formulary and Best Practices adopted by the board.

Issues: The primary advantage of the amendments to the public is conformity between statutory allowances and regulatory requirements, which will clarify what actions licensed professional midwives may perform. There are no disadvantages to the public. There are no primary advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget 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 below 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. As a result of a 2023 legislative mandate,² the Board of Medicine (board) proposes to amend the requirements for midwife disclosures to patients.

Background. Chapter 673 and 674 of the 2023 Acts of Assembly, which were identical, allow licensed midwives to obtain, possess, and administer drugs and devices within the scope of their practice. The legislation also required the board to develop and publish best practice and standards of care guidance. Accordingly, the board developed a Formulary and Best Practices and published it on the Department of Health Professions (DHP) website.³

In response to the legislation, the board proposes to amend the list of general disclosure requirements for licensed midwives who are contacted by clients seeking midwifery care. The current requirement states that the disclosure shall include a statement that a licensed midwife is prohibited from prescribing, possessing, or administering controlled substances. The board proposes to eliminate the phrase possessing or administering since midwives may now do so. The board is also proposing to add a qualifier that the licensed midwife is only permitted to possess or administer medications and devices listed in the Formulary and Best Practices adopted by the board.

Estimated Benefits and Costs. The proposed amendments would align the regulation with statute. Thus, any benefits or costs that may accrue result from the underlying 2023 legislation. Licensed midwives would be allowed to provide more comprehensive services by including the administration of certain medications, as allowed by the Formulary and Best Practices, without having to refer clients to another health professional for those medications. Individuals that hire licensed midwives would benefit from not having to either (i) obtain these medications from another health professional or (ii) forego them altogether, thus avoiding the monetary and nonmonetary costs associated with those options. Licensed midwives may incur nominal costs in updating the disclosure documents to reflect the regulation.

The Fiscal Impact Statement for Chapter 673 indicates that the provisions of the legislation could result in more complaints against licensed midwives, which would create costs for DHP.⁴ DHP reports that complaints against licensed midwives are largely based on failing to meet the standard of care in a home delivery, resulting in death of the infant or significant medical care for the infant and mother, and that although it is possible that one aspect of future complaints could involve the administration of medication (or a failure to do so) the overall number of complaints is unlikely to substantively increase as a result of this regulatory action.

Businesses and Other Entities Affected. As described above, the proposed changes would benefit licensed midwives and the individuals and families that hire them. DHP reports that there were 117 licensed midwives as of December 2023.⁵ 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 The proposed amendments may result in a nominal cost for licensed midwives to update disclosure documents. However, any costs would be a result of the 2023 legislative mandate. Thus, an adverse impact is not indicated.

Small Businesses⁷ Affected.⁸ The proposed amendments would not adversely affect small businesses.

Localities⁹ Affected.¹⁰ The proposed amendments neither disproportionally affect any particular localities nor affect costs for local governments.

Projected Impact on Employment. The proposed regulation does not appear to affect total employment.

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

_____________________________

¹ Section 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 See https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0673.

³ See https://www.dhp.virginia.gov/media/dhpweb/docs/med/Formulary_practice_midwifery.pdf. This document lists several different drugs that may be administered by midwives, as well as the appropriate dosages, the length of treatment, and the symptoms for which the drugs may be administered.

⁴ See https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1511FER122+PDF.

⁵ See https://www.dhp.virginia.gov/about/stats/2024Q2/04CurrentLicenseCountQ2FY2024.pdf, page 5.

⁶ 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. 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 Response to Economic Impact Analysis: The Board of Medicine concurs with the economic impact analysis prepared by the Department of Planning and Budget. The board would like to clarify that this regulatory change and its impacts only apply to licensed professional midwives licensed under 18VAC85-130 and does not apply to certified nurse midwives, which is a category of advanced practice registered nurse, or licensed certified midwives, both of which possess prescriptive authority and are jointly licensed by the Boards of Nursing and Medicine.

Summary:

Pursuant to Chapters 673 and 674 of the 2023 Acts of Assembly, which allow licensed midwives to dispense and administer controlled substances, the amendments require licensed midwives to provide a disclosure stating that midwives may only possess or administer medications and devices listed in the Formulary and Best Practices adopted by the Board of Medicine.

18VAC85-130-80. General disclosure requirements.

A licensed midwife shall provide written disclosures to any client seeking midwifery care. The licensed midwife shall review each disclosure item and obtain the client's signature as evidence that the disclosures have been received and explained. Such disclosures shall include:

1. A description of the licensed midwife's qualifications, experience, and training;

2. A written protocol for medical emergencies, including hospital transport, particular to each client;

3. A statement as to whether the licensed midwife has hospital privileges;

4. A statement that a licensed midwife is prohibited from prescribing, possessing or administering controlled substances and is only permitted to possess or administer medications and devices listed in the Formulary and Best Practices adopted by the board;

5. A description of the midwife's model of care;

6. A copy of the regulations governing the practice of midwifery;

7. A statement as to whether the licensed midwife carries malpractice or liability insurance coverage and, if so, the extent of that coverage;

8. An explanation of the Virginia Birth-Related Neurological Injury Compensation Fund and a statement that licensed midwives are currently not covered by the fund; and

9. A description of the right to file a complaint with the Board of Medicine and with NARM and the procedures and contact information for filing such complaint.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Final Regulation

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-110; adding 18VAC110-20-113).

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Effective Date: August 27, 2025.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, fax (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Summary:

Pursuant to Chapter 628 of the 2022 Acts of Assembly, the amendments add a new section addressing pharmacy work environments, ensuring that (i) the decisions of the pharmacist are not overridden by the pharmacy permit holder, including staffing decisions and the decision of whether pharmacy staff can safely provide vaccines at a given time; (ii) pharmacy permit holders provide sufficient staffing levels to avoid interference with a pharmacist's ability to practice with reasonable competence and safety; (iii) pharmacists and pharmacy personnel are provided with proper and functioning equipment; (iv) pharmacists and pharmacy staff are not burdened with external factors that may inhibit the ability to provide services to the public; (v) staff are properly trained to provide the services with which they are tasked; (vi) pharmacists are provided appropriate breaks while maintaining drug stock integrity and providing required consultation services to the public; (vii) pharmacists are provided adequate time to perform professional duties; and (viii) a reporting mechanism exists for staffing concerns.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC110-20-110. Pharmacy permits generally.

A. A pharmacy permit shall not be issued to a pharmacist to be simultaneously in charge of more than two pharmacies.

B. Except in an emergency, a permit holder shall not require a pharmacist to work longer than 12 continuous hours in any work day and shall allow at least six hours of off-time between consecutive shifts. A pharmacist may, however, volunteer to work longer than 12 continuous hours. A pharmacist working longer than six continuous hours shall be allowed to take a 30-minute break. Breaks, including uninterrupted rest periods and meal breaks, shall be provided consistent with 18VAC110-20-113 B 5.

C. The PIC or the pharmacist on duty shall control all aspects of the practice of pharmacy. Any decision overriding such control of the PIC or other pharmacist on duty shall be deemed the practice of pharmacy and may be grounds for disciplinary action against the pharmacy permit.

D. A pharmacist shall not be eligible to serve as PIC until after having obtained a minimum of two years of experience practicing as a pharmacist in Virginia or another jurisdiction in the United States. The board may grant an exception to the minimum number of years of experience for good cause shown.

E. When the PIC ceases practice at a pharmacy or no longer wishes to be designated as PIC, he the pharmacist shall immediately return the pharmacy permit to the board indicating the effective date on which he the pharmacist ceased to be the PIC.

F. Although not required by law or regulation, an outgoing PIC shall have the opportunity to take a complete and accurate inventory of all Schedules II through V controlled substances on hand on the date he the pharmacist ceases to be the PIC, unless the owner submits written notice to the board showing good cause as to why this opportunity should not be allowed.

G. A PIC who is absent from practice for more than 30 consecutive days shall be deemed to no longer be the PIC. Pharmacists-in-charge having knowledge of upcoming absences for longer than 30 days shall be responsible for notifying the board and returning the permit. For unanticipated absences by the PIC, which that exceed 15 days with no known return date within the next 15 days, the owner shall immediately notify the board and shall obtain a new PIC.

H. An application for a permit designating the new PIC shall be filed with the required fee within 14 days of the original date of resignation or termination of the PIC on a form provided by the board. It shall be unlawful for a pharmacy to operate without a new permit past the 14-day deadline unless the board receives a request for an extension prior to the deadline. The executive director for the board may grant an extension for up to an additional 14 days for good cause shown.

I. Only one pharmacy permit shall be issued to conduct a pharmacy occupying the same designated prescription department space. A pharmacy shall not engage in any other activity requiring a license or permit from the board, such as manufacturing or wholesale-distributing, out of the same designated prescription department space.

J. Before any permit is issued, the applicant shall attest to compliance with all federal, state, and local laws and ordinances. A pharmacy permit shall not be issued to any person to operate from a private dwelling or residence after September 2, 2009.

18VAC110-20-113. Pharmacy working conditions.

A. A pharmacy permit holder shall protect the health, safety, and welfare of patients by consulting with the PIC or pharmacist on duty and other pharmacy staff to ensure patient care services are safely provided in compliance with applicable standards of patient care. A permit holder's decisions shall not override the control of the PIC or other pharmacist on duty regarding appropriate working environments for all pharmacy personnel necessary to protect the health, safety, and welfare of patients.

B. To provide a safe working environment in a pharmacy, a permit holder shall, at a minimum:

1. Ensure sufficient personnel are scheduled to work at all times in order to prevent fatigue, distraction, or other conditions that interfere with a pharmacist's ability to practice with reasonable competence and safety. Staffing levels shall not be solely based on prescription volume, but shall consider any other requirements of pharmacy staff during working hours;

2. Provide sufficient tools and equipment in good repair and minimize excessive distractions to support a safe workflow for a pharmacist to practice with reasonable competence and safety to address patient needs in a timely manner;

3. Avoid the introduction of external factors, such as productivity or production quotas or other programs, to the extent that they interfere with the pharmacist's ability to provide appropriate professional services to the public;

4. Ensure staff are sufficiently trained to safely and adequately perform assigned duties, ensure staff demonstrate competency, and ensure that pharmacy technician trainees work closely with pharmacists and pharmacy technicians with sufficient experience as determined by the PIC;

5. Provide appropriate opportunities for uninterrupted rest periods and meal breaks consistent with 18VAC110-20-110 and the following:

a. A pharmacy may close when a pharmacist is on break based on the professional judgment of the pharmacist on duty, provided that the pharmacy has complied with the 14-day notice to the public pursuant to § 54.1-3434 of the Code of Virginia and 18VAC110-20-135;

b. If a pharmacy does not close while the pharmacist is on break, the pharmacist must ensure adequate security of drugs by taking a break within the prescription department or on the premises. The pharmacist on duty must determine whether pharmacy technicians or pharmacy interns may continue to perform duties and whether the pharmacist is able to provide adequate supervision; and

c. If the pharmacy remains open, only prescriptions verified by a pharmacist pursuant to 18VAC110-20-270 may be dispensed when the pharmacist is on break. An offer to counsel any person filling a new prescription must be offered pursuant to § 54.1-3319 of the Code of Virginia. Persons who request to speak to the pharmacist shall be told that the pharmacist is on break and that they may wait to speak with the pharmacist or provide a telephone number for the pharmacist to contact them upon return from break. Pharmacists returning from break shall immediately attempt to contact persons who requested counseling and document when such counseling is provided;

6. Provide adequate time for a pharmacist to complete professional duties and responsibilities, including:

a. Drug utilization review;

b. Immunization;

c. Counseling;

d. Verification of prescriptions;

e. Patient testing; and

f. All other duties required by Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia and this chapter; and

7. Ensure that pharmacy technicians shall never perform duties otherwise restricted to a pharmacist.

C. A pharmacy permit holder shall not override the control of the pharmacist on duty regarding any aspects of the practice of pharmacy, including a pharmacist's decision not to administer vaccines when one pharmacist is on duty and, in the pharmacist's professional judgment, vaccines cannot be administered safely.

D. Staffing requests or concerns as described in this section shall be communicated by the PIC or pharmacist on duty to the permit holder using the Staffing Requests or Concerns Form developed by the board or a form containing information identical to the form developed by the board, which may be electronic.

1. Such forms, once completed, shall be provided to the immediate supervisor of the PIC or pharmacist on duty, with one copy maintained in the pharmacy for three years, and produced for inspection by the board within 48 hours of request.

2. The PIC or pharmacist on duty may report any staffing issues directly to the board if the PIC or pharmacist on duty believes the situation warrants immediate board review.

3. Under no circumstances shall a good faith report of staffing concerns by the PIC, pharmacist on duty, or notification of such issues by pharmacy personnel to the PIC, pharmacist on duty, or board result in workplace discipline against the reporting staff member.

E. Permit holders shall review completed staffing reports and shall:

1. Respond to the reporting staff member to acknowledge receipt of the staffing request or concern;

2. Resolve any issues listed in a timely manner to ensure a safe working environment for pharmacy staff and appropriate medication access for patients;

3. Document any corrective action taken, steps taken toward corrective action as of the time of inspection, or justification for inaction, which documentation shall be maintained on site or produced for inspection by the board within 48 hours of request; and

4. Communicate corrective action taken or justification for inaction to the PIC or reporting pharmacist on duty.

FORMS (18VAC110-20)

Application for a Pharmacy Permit (rev. 1/2024)

Application for a Nonresident Pharmacy Registration (rev. 1/2024)

Application for a Nonresident Wholesale Distributor Registration (rev. 4/2024)

Application for Registration as Nonresident Manufacturer (rev. 10/2020)

Application for a Nonresident Third-Party Logistics Provider Registration (rev. 4/2024)

Application for Registration as a Nonresident Warehouser (rev. 10/2020)

Application for a Nonresident Outsourcing Facility Registration (rev. 10/2020)

Application for an Outsourcing Facility Permit (rev. 10/2020)

Application for a Medical Equipment Supplier Permit (rev. 10/2020)

Application for a Permit as a Restricted Manufacturer (rev. 10/2020)

Application for a Permit as a Nonrestricted Manufacturer (rev. 10/2020)

Application for a Wholesale Distributor Permit (rev. 4/2024)

Application for a Permit as a Warehouser (rev. 10/2020)

Application for a Permit as a Third-Party Logistics Provider (rev. 4/2024)

Application for Registration as a Nonresident Medical Equipment Supplier (rev. 10/2020)

Application for a Controlled Substances Registration Certificate (rev. 8/2024)

Closing of a Pharmacy (rev. 5/2018)

Application for Approval of an Innovative (Pilot) Program (rev. 8/2023)

Registration for a Pharmacy to be a Collection Site for Donated Drugs (rev. 5/2018)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Registration for a Facility to be an Authorized Collector for Drug Disposal (rev. 5/2018)

Application for Reinspection of a Facility (rev. 3/2023)

Notification of Distribution Cessation due to Suspicious Orders (rev. 5/2018)

Staffing Requests or Concerns Form (eff. 9/2023)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Final Regulation

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-460, 18VAC110-20-490).

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Effective Date: August 27, 2025.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4456, fax (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Summary:

In response to a petition for rulemaking, the amendments allow (i) a pharmacist at a central distribution company to verify Schedule VI drugs to be placed in an automated dispensing device prior to delivery to the receiving hospital and (ii) pharmacy technicians at the hospital to load the drugs directly into the automated dispensing device without further verification by a pharmacist at the hospital.

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.

18VAC110-20-460. Floor stock drugs; proof of delivery; distribution records.

A. A Except as provided in 18VAC110-20-490 D, a pharmacist shall check all Schedule II-VI Schedules II through VI drugs delivered to a hospital unit as floor-stock before the drugs leave the pharmacy and shall initial or sign manually or electronically the record of distribution verifying the accuracy of the distribution.

B. A delivery receipt shall be obtained for Schedule Schedules II through V drugs supplied as floor stock. This record shall include the date, drug name and strength, quantity, hospital unit receiving the drug, and the manual or electronic signatures of the dispensing pharmacist and the receiving nurse.

C. A record of disposition/administration disposition or administration shall be used to document administration of Schedule Schedules II through V drugs when a floor stock system is used for such drugs. The record shall be returned to the pharmacy within three months of its issue. The PIC or his the PIC's designee shall:

1. Match returned records with delivery receipts to verify that all records are returned;

2. Periodically audit returned administration records for completeness as to patient's names, dose, date and time of administration, signature or initials of person administering the drug, and date the record is returned;

3. Verify that all additions to inventory are recorded, that all additions to and deductions from inventory are correctly calculated, that sums carried from one record to the next are correctly recorded, and periodically verify that doses documented on administration records are reflected in the medical record; and

4. Initial the returned record.

D. All records required by this section shall be filed chronologically by date of issue, and retained for two years from the date of return at the address of the pharmacy. Schedule VI records may be maintained in offsite storage or as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic storage is retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent. Schedule II-V Schedules II through V records may only be stored offsite off site or electronically as described in this subsection if authorized by DEA or in federal law or regulation. The filing requirements of 18VAC110-20-240 A 1 for separation of Schedule II records shall be met for administration records if the Schedule II drugs are listed in a separate section on a page that contains other schedules of drugs.

18VAC110-20-490. Automated devices for dispensing and administration of drugs.

A. A hospital may use automated devices for the dispensing and administration of drugs pursuant to § 54.1-3301 of the Code of Virginia and §§ 54.1-3401 and 54.1-3434.02 of the Drug Control Act and in accordance with 18VAC110-20-270, 18VAC110-20-420, or 18VAC110-20-460 as applicable.

B. Policy and procedure manual; access codes.

1. Proper use of the automated dispensing devices and means of compliance with requirements shall be set forth in the pharmacy's policy and procedure manual, which shall include provisions for granting and terminating user access.

2. Personnel allowed access to an automated dispensing device shall have a specific access code that records the identity of the person accessing the device. The device may verify access codes using biometric identification or other coded identification after the initial log-on in order to eliminate sharing or theft of access codes.

C. Distribution of drugs from the pharmacy.

1. Prior to removal of drugs from the pharmacy, a delivery record shall be generated for all drugs to be placed in an automated dispensing device. The delivery record shall include the date; drug name, dosage form, and strength; quantity; hospital unit and a unique identifier for the specific device receiving the drug; initials of the person loading the automated dispensing device; and initials of the pharmacist checking the drugs to be removed from the pharmacy and the delivery record for accuracy.

2. At the time of loading any Schedules II through V drug, the person loading will verify that the count of that drug in the automated dispensing device is correct. Any discrepancy noted shall be recorded on the delivery record and immediately reported to the pharmacist in charge, who shall be responsible for ensuring reconciliation of the discrepancy or properly reporting of a loss.

D. Distribution of drugs from a central warehouser or wholesale distributor. Notwithstanding subdivision C 1 of this section, a central warehouser or wholesale distributor may distribute Schedule VI drugs to hospitals to be placed in specific automated dispensing devices under the following conditions:

1. A pharmacist licensed in Virginia employed by or otherwise working at the central warehouser or wholesale distributor shall verify the accuracy of all Schedule VI drugs to be placed in specific automated dispensing devices within the hospital prior to delivery of the drugs directly to the hospital pharmacy;

2. A pharmacist at the hospital pharmacy shall not be required to (i) verify the accuracy of these drugs prior to leaving the hospital pharmacy for delivery to the hospital unit as floor stock as required in 18VAC110-20-460 A or (ii) initial the delivery record as required in subdivision C 1 of this section;

3. The central warehouser or wholesale distributor shall maintain a record of all Schedule VI drugs distributed to a hospital for placement in a specific automated dispensing device. The record shall include the date; drug name, dosage form, and strength; quantity; hospital name; hospital unit and a unique identifier for the specific automated dispensing device receiving the drug; and initials of the pharmacist employed by or working at the central warehouser or wholesale distributor who is responsible for verifying the drugs for accuracy;

4. The central warehouser or wholesale distributor shall provide an invoice to each hospital pharmacy that indicates in which specific automated dispensing device the drugs delivered to the hospital are to be placed;

5. A pharmacist or pharmacy technician at each hospital shall load the drugs into the specific automated dispensing device after scanning [ each unit in accordance with the hospital's policies and procedures ], and the hospital pharmacy shall maintain a record that consists of the initials of the person loading the automated dispensing device;

6. A pharmacist licensed in Virginia employed by or otherwise working at the warehouser or wholesale distributor shall perform barcode linking of any drug to the related drug files in the hospital information system and automated dispensing device [ or associated drug database ];

7. Each hospital receiving drugs from the central warehouser or wholesale distributor shall maintain at least a 90% barcode scanning rate for restocking automated dispensing devices. If the scanning rate for restocking the automated dispensing device is less than 90% for any quarter, the pharmacy at the hospital shall immediately reinstitute a 100% pharmacist verification process at the receiving pharmacy until a 90% scanning rate for a subsequent quarter is achieved and documented; and

8. The hospital pharmacy receiving such services from a central warehouser or wholesale distributor shall maintain quarterly reports containing the hospital's restocking barcode scanning rate, bedside barcode scanning rate, and any errors in drug product received from the central warehouser or wholesale distributor.

D. E. Distribution of drugs from the device.

1. Automated dispensing devices in hospitals shall be capable of producing a hard-copy record of distribution that shall show patient name, drug name and strength, dose withdrawn, date and time of withdrawal from the device, and identity of person withdrawing the drug. The record shall be filed in chronological order from date of issue or maintained electronically.

2. If an automated dispensing device is used to obtain drugs for dispensing from an emergency room, a separate dispensing record is not required, provided the automated record distinguishes dispensing from administration and records the identity of the physician who is dispensing.

E. F. Discrepancy reports. A discrepancy report for all Schedules II through V drugs and any drugs of concern, as defined in § 54.1-3456.1 of the Code of Virginia, shall be generated for each discrepancy in the count of a drug on hand in the device. Each such report shall be initiated or resolved by the PIC or his the PIC's designee within 72 hours of the time the discrepancy was discovered or, if determined to be a theft or an unusual loss of drugs, shall be immediately reported to the board in accordance with § 54.1-3404 E of the Drug Control Act.

F. G. Reviews and audits.

1. The PIC or his the PIC's designee shall conduct at least a monthly review for compliance with written policy and procedures that are consistent with § 54.1-3434.02 A of the Drug Control Act for security and use of the automated dispensing devices, to include procedures for timely termination of access codes when applicable, accuracy of distribution from the device, and proper recordkeeping.

2. The PIC or his the PIC's designee shall conduct at least a monthly audit to review distribution of Schedules II through V drugs from each automated dispensing device as follows:

a. The audit shall reconcile records of all quantities of Schedules II through V drugs dispensed from the pharmacy with records of all quantities loaded into each device to detect whether any drug recorded as removed from the pharmacy was diverted rather than placed in the proper device.

b. If a pharmacy has an ongoing method for perpetually monitoring drugs in Schedules II through V to ensure drugs dispensed from the pharmacy have been loaded into the device and not diverted, such as with the use of perpetual inventory management software, then the audit required in this subsection may be limited to the discrepancies or exceptions as identified by the method for perpetually monitoring the drugs.

3. The PIC or his the PIC's designee shall conduct at least a monthly audit to review the dispensing and administration records of Schedules II through V drugs from each automated dispensing device as follows:

a. The audit shall include a review of administration records for each device per month for possible diversion by fraudulent charting. The review shall include all Schedules II through V drugs administered for a time period of not less than 24 consecutive hours during the audit period.

b. The hard-copy distribution and administration records printed out and reviewed in the audit shall be initialed and dated by the person conducting the audit. If nonpharmacist personnel conduct the audit, a pharmacist shall review the record and shall initial and date the record.

c. The PIC or his the PIC's designee shall be exempt from requirements of this audit if reconciliation software that provides a statistical analysis is used to generate reports at least monthly. The statistical analysis shall be based on:

(1) Peer-to-peer comparisons of use for that unit or department; and

(2) Monitoring of overrides and unresolved discrepancies.

d. The report shall be used to identify suspicious activity, which includes usage beyond three standard deviations in peer-to-peer comparisons. A focused audit of the suspicious activity and individuals associated with the activity shall be performed whenever suspicious activity is identified from the reports.

4. The PIC or his the PIC's designee shall maintain a record of compliance with the reviews and audits in accordance with subsection H I of this section.

G. H. Inspections. Automated dispensing devices shall be inspected monthly by pharmacy personnel to verify proper storage, proper location of drugs within the device, expiration dates, the security of drugs, and validity of access codes. The PIC or his the PIC's designee shall maintain documentation of the inspection in accordance with subsection H I of this section. With the exception of a monthly physical review of look-alike and sound-alike drugs stored within matrix drawers or open access areas within the device, such monthly inspection shall not require physical inspection of the device if the device is capable of and performs the following:

1. At least daily monitoring of refrigerator or freezer storage with documented temperature ranges, variances, and resolutions;

2. Automatic identification and isolation of the location of each drug within the device using a machine readable product identifier, such as barcode technology, and generation of a report verifying the applicable settings;

3. Electronic tracking of drug expiration dates and generation of proactive reports allowing for the replacement of drugs prior to their expiration date; and

4. Electronic detection of the opening of the device, identification of the person accessing the device, automatic denial of access to the device during malfunctions and mechanical errors, and generation of reports of any malfunction and mechanical error.

H. I. Records.

1. All records required by this section shall be maintained for a period of not less than two years. Records required to be maintained by the pharmacy shall be maintained at the address of the pharmacy providing services to the hospital except manual. Records required to be maintained by the warehouser or wholesale distributor shall be maintained at the address of the applicable facility. Manual Schedule VI distribution records, reports auditing for indications of suspicious activity, and focused audits, all of which and records required to be maintained by the warehouser or wholesale distributor distributing Schedule VI drugs to specific automated dispensing devices may be maintained in offsite storage or electronically as an electronic image that provides an exact image of the document that is clearly legible, provided such offsite or electronic records are retrievable and made available for inspection or audit within 48 hours of a request by the board or an authorized agent.

2. Distribution and delivery records and required initials may be generated or maintained electronically, provided:

a. The system being used has the capability of recording an electronic signature that is a unique identifier and restricted to the individual required to initial or sign the record.

b. The records are maintained in a read-only format that cannot be altered after the information is recorded.

c. The system being used is capable of producing a hard-copy printout of the records upon request.

3. Schedules II through V distribution and delivery records may also be stored off site or electronically in compliance with requirements of subdivision 1 of this subsection and if authorized by DEA or in federal law or regulation.

4. Hard-copy distribution and administration records that are printed and reviewed in conducting required audits may be maintained at an off-site location or electronically, provided they can be readily retrieved upon request; provided they, are maintained in a read-only format that does not allow alteration of the records;, and provided a separate log is maintained for a period of two years showing dates of audit and review, the identity of the automated dispensing device being audited, the time period covered by the audit and review, and the initials of all reviewers.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PHARMACY

Forms

Title of Regulation: 18VAC110-21. Regulations Governing the Licensure of Pharmacists and Registration of Pharmacy Technicians.

Agency Contact: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 750-3912, or email erin.barrett@dhp.virginia.gov.

FORMS (18VAC110-21)

Application for Licensure as a Pharmacist by Examination (rev. 3/2023)

Application for Licensure as a Pharmacist by Endorsement (rev. 3/2023)

Instructions for Reinstating or Reactivating a Pharmacist License (rev. 3/2023)

Instructions for Reinstating a Pharmacy Technician Registration (rev. 4/2023)

Application for Registration as a Pharmacy Technician (eff. 6/2021)

Application for Registration as a Limited-Use Pharmacy Technician for use exclusively in a free clinic (rev. 3/2023)

Application for Registration as a Pharmacy Technician (rev. 7/2025)

Application for Registration as a Limited-Use Pharmacy Technician (rev. 7/2025)

Affidavit for Limited-use Pharmacy Technician (rev. 5/2018)

Application for Approval of Pharmacy Technician Training Program (rev. 10/2020)

Application for Registration as a Pharmacy Technician Trainee (rev. 8/2023)

Application for Registration as a Pharmacy Technician Trainee (rev. 7/2025)

Application for Registration as a Pharmacy Intern (rev. 3/2023)

Application for Registration as a Pharmacy Intern for Graduates of a Foreign College of Pharmacy (rev. 3/2023)

Affidavit of Practical Experience as a Pharmacy Intern (rev. 3/2019)

Name Change Form for Individuals (rev. 3/2018)

Application for Approval of a Continuing Education Program (rev. 10/2020)

Application for Approval of an Innovative (PILOT) Program (rev. 6/2021)

Application for Approval of a Repackaging Training Program (rev. 10/2020)

Continuing Education (CE) Credit Form for Preceptors (rev. 7/2020)

Application for Approval of ACPE Accredited Pharmacy School Course(s) Courses for Continuing Education Credit (rev. 6/2020)

Sponsor Certification for Volunteer Registration (rev. 4/2018)

Application for Volunteer Practice by a Pharmacist (rev. 4/2018)

Continuing Education (CE) Credit Form for Volunteer Practice (rev. 4/2018)