PETITIONS FOR RULEMAKING
Vol. 42 Iss. 26 - August 10, 2026

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR CONTRACTORS

Initial Agency Notice

Title of Regulation: 18VAC50-22. Board for Contractors Regulations.

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

Name of Petitioner: Peyton J. Starr.

Nature of Petitioner's Request: The petitioner requests that the Board for Contractors amend 18VAC50-22-40, 18VAC50-22-50, and 18VAC50-22-60. These sections of regulation provide for the entry requirements for Class C, Class B, and Class A contractor licenses, respectively. The entry requirements in these sections provide for the minimum experience qualifications for those who will be the qualified individual on the contractor license. For a Class C license, the minimum required experience is one year in the classification or specialty service for which the individual is the qualifier. For a Class B license, the minimum required experience is three years in the classification or specialty service for which the individual is the qualifier. For a Class A license, the minimum required experience is five years in the classification or specialty service for which the individual is the qualifier.

The petitioner requests that the board consider amending these sections to provide an alternative means for satisfying the qualified individual experience requirement. The petitioner proposes that the regulation be amended so that a qualified individual who passes the applicable board-approved examination or who holds a relevant postsecondary degree or credential may substitute that demonstrated competency for some or all of the required experience. The petitioner is not requesting the board reduce its competency standards; the petitioner asks that the board recognize examination and education as an additional, equivalent way to prove competence.

The petitioner states that under the board's current rules, the only license class large enough to serve as a general contractor on a typical new home or small multifamily building is the Class A license. 18VAC50-22-60 requires that the qualified individual have five years of prior experience. For anyone with the capital and the commitment to begin building in Virginia, this leaves two options: (i) spend several years working for an established firm before building independently or (ii) take the project, and the resulting housing, out of state. Maryland, West Virginia, Pennsylvania, and North Carolina each allow a qualified newcomer to reach an equivalent licensing tier without a multi-year experience prerequisite, generally by examination.

The petitioner contends that a blanket multi-year experience requirement is a significant barrier to entry that favors firms already established in Virginia and discourages new entrants at precisely the moment when the Commonwealth is working to expand housing supply and reduce housing costs. Section 54.1-201 A 1 of the Code of Virginia provides that all qualifications for licensure or certification established by a regulatory board must be necessary to ensure either competence or integrity to engage in the profession or occupation. The petitioner contends that competence can be demonstrated through board examinations, and a rule that does not recognize a substitute for years of experience may impose more restrictions than are necessary to protect the public. The petitioner states an exam-or-education alternative would preserve consumer protection while removing an unnecessary obstacle to new homebuilders.

A copy of the petition is available from the agency.

Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on August 10, 2026. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. Public comment on the petition will be received from August 10, 2026, to August 31, 2026. Upon conclusion of the public comment period, the board will consider all public comments received on the petition and make a decision to either grant or deny the petitioner's request at the board's next available meeting. Currently that meeting is expected to be October 20, 2026. The petitioner will be notified in writing of the board's decision.

Public Comment Deadline: August 31, 2026.

Agency Contact: Joe Haughwout, Regulatory Affairs Manager, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8566, fax (804) 527-4403, or email joseph.haughwout@dpor.virginia.gov.

VA.R. Doc. No. PFR26-37; Filed July 13, 2026, 2:29 p.m.

BOARD OF COUNSELING

Agency Decision

Title of Regulation: 18VAC115-20. Regulations Governing the Practice of Professional Counseling.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Arthur Branner.

Nature of Petitioner's Request: The petitioner requests that the Board of Counseling permit hours worked under supervision as a qualified mental health professional to be credited toward the residency requirements for licensed professional counselor licensure.

Agency Decision: Request denied.

Statement of Reason for Decision: At its July 17, 2026, meeting, the board voted to take no action on the petition as the board believes that the scopes of practice and experience between qualified mental health professionals and counseling residents are different and such a change would negatively impact public safety.

Agency Contact: Maria S. Stransky, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4610, or email maria.stransky@dhp.virginia.gov.

VA.R. Doc. No. PFR26-38; Filed March 16, 2026, 11:05 a.m.

Agency Decision

Title of Regulation: 18VAC115-30. Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling Assistants.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Lydia Thomas.

Nature of Petitioner's Request: The petitioner requests that the Board of Counseling permit experience obtained as a certified substance abuse counselor (CSAC) in another jurisdiction to meet requirements to be a CSAC supervisor in Virginia.

Agency Decision: Request denied.

Statement of Reason for Decision: At its July 17, 2026, meeting, the board voted to take no action on the petition as the board felt there is too much variation in certification state by state to reliably endorse experience for supervision.

Agency Contact: Maria S. Stransky, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4610, or email maria.stransky@dhp.virginia.gov.

VA.R. Doc. No. PFR26-39; Filed March 23, 2026, 2:10 p.m.