1.4 Standards of Conduct, Prohibited Acts & Revocation of Licensure

Two outline areas, one disciplinary system

Standards of Conduct (2 items) and Revocation of Licensure (1 item) both come from Part V of 18VAC50-30 and the enforcement statutes in Title 54.1. Expect questions that ask you to pick the prohibited act from a list, name the maximum Board penalty, or identify a reporting deadline.

Grounds and remedies (18VAC50-30-185; § 54.1-1134)

The Board may impose remedial education, a monetary penalty under § 54.1-202 A, or revoke, suspend or refuse to renew a license or certification. It can do this when the licensee has violated, or cooperated with others in violating, any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, or the Board's regulations.

§ 54.1-1134 gives the Board the same powers and adds reporting duties for others:

• A building official who finds an individual practicing as a tradesman without the required license must file a report with the Board.
• A building official who believes a tradesman is performing incompetently, shown by an egregious or repeated violation of the USBC, must file a report with the Board.

Penalty cap: § 54.1-202 A states that a Board monetary penalty "shall not exceed $2,500 for each violation."

Prohibited acts (18VAC50-30-190)

Section 190 lists 19 prohibited acts. These are the ones that apply to a plumber:

1. Failing in any material way to comply with Chapter 1 or Chapter 11 of Title 54.1, or the Board's regulations.
2. Furnishing substantially inaccurate or incomplete information to the Board when obtaining, renewing, reinstating or maintaining a license.
3. Failing to report to the Board, in writing, a suspension or revocation of a license by another state, or a conviction of a building code violation.
4. Negligence or incompetence in the practice of the profession.
5. Misconduct in the practice of the profession.
6. For tradesmen performing jobs under $1,000: abandonment, intentional and unjustified failure to complete contracted work, or keeping or misapplying funds paid for work not performed or only partly performed. Unjustified stopping of work for 30 days or more is evidence of abandonment.
7. Making any misrepresentation or false promise likely to influence, persuade or induce.
8. Aiding or abetting an unlicensed contractor; combining or conspiring with, or acting as agent, partner or associate for, an unlicensed contractor; or allowing one's license to be used by an unlicensed individual.
9. Offering or giving anything of value to a government employee to influence them to get around a law governing the construction industry.
10. Being convicted, after licensure, of any felony or of a misdemeanor involving lying, cheating or stealing, a sexual offense, non-marijuana drug distribution, physical injury, or one relating to the practice of the profession.
11. Failing to inform the Board in writing, within 30 days, of a conviction listed in item 10.
12. Being disciplined by a county, city, town or any state or federal body for actions relating to the trade. The Board reviews that action before taking its own.
13. Failure to comply with the Virginia Uniform Statewide Building Code.
14. Practicing in a classification or specialty for which the regulant is not licensed.
15. Failure to obtain a building permit or applicable inspection where required.

Items 15, 17, 18 and 19 apply to water well providers, energy analysts and fire sprinkler inspectors.

Distractors to reject: the regulation does not set a 21-day deadline to answer the Board, does not require an automatic five-year wait after revocation, and does not contain a pocket-card display rule.

Criminal and civil exposure for unlicensed work

• § 54.1-1135 A: practicing or attempting to practice as a tradesman except as allowed in Article 3 is a Class 1 misdemeanor. A Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500.
• § 54.1-111: practicing without a required license is unlawful. A willful violation is a Class 1 misdemeanor; a third or later conviction within 36 months is a Class 6 felony. DPOR may also issue a cease-and-desist notice, and it may sue in court for a civil penalty of $200 to $5,000 per violation, up to $25,000 per year.
• § 54.1-1135 C: a person cannot use lack of licensure as a defense in a lawsuit if the other party substantially performed the contract in good faith without actually knowing the licensing requirement.

From complaint to final order

DPOR follows the Virginia Administrative Process Act (APA) (§ 2.2-4000 et seq.):

1. Complaint and investigation. DPOR's compliance and investigations staff gather records, statements and inspection reports.
2. Informal fact-finding (IFF) conference under § 2.2-4019. The licensee may present information and respond to the evidence before a presiding officer.
3. Formal hearing under § 2.2-4020 where the case requires it.
4. Board decision. The Board issues a final order, or the case is resolved by consent order. A Board resolution may delegate consent agreements to the DPOR Director, but the penalty in such an agreement still cannot exceed $2,500 per violation (§ 54.1-202 B).
5. Judicial review. A licensee may appeal a final case decision to circuit court under the APA (§ 2.2-4026).

Section 190 (12) covers discipline by a local body for actions relating to the trade, and § 54.1-1134 requires building-official reports. Together, these make local code enforcement a common source of Board cases.

After discipline

• An unpaid monetary penalty, cost or fee under a consent order or final order will delay or withhold DPOR services, including renewal, reinstatement and new applications (18VAC50-30-120 K and -130 G).
• A licensee who reinstates is treated as continuously licensed and stays subject to discipline for conduct during the lapse (18VAC50-30-140 B).