18 Va. Admin. Code § 15-20-33

Current through Register Vol. 41, No. 6, November 4, 2024

Section 18VAC15-20-33 - General qualifications for licensure: firms

A. Each firm applying for a license shall meet the requirements of this section.

B. The applicant shall disclose the name under which the business entity conducts business and holds itself out to the public. The firm shall register trade or fictitious names, when applicable, with the State Corporation Commission in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia before submitting an application to the board.

C. The applicant shall disclose the firm's mailing address and the firm's physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. Applicants shall meet the additional requirements listed in this subsection for the firm's form of organization:

1. Corporations. Applicants shall have been incorporated in the Commonwealth of Virginia or, if a foreign corporation, shall have obtained a certificate of authority to conduct business in Virginia from the State Corporation Commission in accordance with requirements governing corporations pursuant to Title 13.1 of the Code of Virginia. Corporations shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

2. Limited liability companies. Applicants shall have obtained a certificate of organization in the Commonwealth of Virginia or, if a foreign limited liability company, shall have obtained a certificate of registration to do business in Virginia from the State Corporation Commission in accordance with requirements governing limited liability companies pursuant to Title 13.1 of the Code of Virginia. Companies shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

3. Partnerships. Applicants shall have a written partnership agreement. The partnership agreement shall state that asbestos abatement services of the partnership shall be under the direction and control of the appropriate asbestos abatement licensee.

E. In accordance with § 54.1-204 of the Code of Virginia, the applicant shall disclose the following information about the firm and its owners, officers, managers, members, and directors, as applicable:

1. All felony convictions;

2. All misdemeanor convictions involving lying, cheating, or stealing; and

3. Any conviction resulting from engaging in environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

Any plea of nolo contendre or finding of guilt, regardless of adjudication or deferred adjudication, shall be considered a conviction for the purposes of this section. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. The applicant shall report (i) the suspension, revocation, or surrender of a license, certification, or registration in connection with a disciplinary action by any jurisdiction and (ii) whether the firm, owners, officers, managers, members, or directors have been the subject of discipline in any jurisdiction prior to applying for licensure and while the application is under review by the board. The board, at its discretion, may deny licensure to an applicant based on disciplinary action by any jurisdiction.

G. The board may deny the application of an applicant who is shown to have a substantial identity of interest with a person whose license or certificate has been revoked or not renewed by the board. A substantial identity of interest includes (i) a controlling financial interest by the individual or corporate principals of the person whose license or certificate has been revoked or has not been renewed or (ii) substantially identical owners, officers, managers, members, or directors, as applicable.

H. An applicant shall not knowingly make a materially false statement, submit falsified documents, or fail to disclose a material fact requested in connection with an application submitted to the board.

NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

18 Va. Admin. Code § 15-20-33

Derived from Virginia Register Volume 23, Issue 3, eff. December 1, 2006; Errata 23:5 VA.R. 791 November 13, 2006; Amended, Virginia Register Volume 35, Issue 20, eff. 9/1/2019; Amended, Virginia Register Volume 36, Issue 15, eff. 5/1/2020.

Statutory Authority: § 54.1-501 of the Code of Virginia.