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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 18. Professional and Occupational Licensing |
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Agency 10. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects |
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Chapter 20. |
Section 10. Definitions
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Part I. General
Section 54.1-400 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:
Architect
Board
Certified interior designer
Interior design. When used in this chapter, interior design shall only be applicable to interior design performed by a certified interior designer.
Land surveyor. When used in this chapter, land surveyor shall include surveyor photogrammetrist unless stated otherwise or the context requires a different meaning.
Landscape architect
Practice of architecture
Practice of engineering
Practice of land surveying
Practice of landscape architecture
Professional engineer
The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them except where the context clearly indicates or requires different meanings:
"Application" means a completed application with the appropriate fee and any other required documentation including, but not limited to, references, experience verification, degree verification, and verification of examination and licensure or certification.
"Certified" means an individual holding a valid certification issued by the board and in good standing.
"Comity" means the recognition of licenses or certificates issued by other states or other jurisdictions of the United States as permitted by § 54.1-103 C of the Code of Virginia.
"Department" means the Department of Professional and Occupational Regulation.
"Direct control and personal supervision" means supervision by a professional who oversees and is responsible for the work of another individual.
"Good moral character" may be established if the applicant or regulant:
1. Has not been convicted of a felony or misdemeanor that would render the applicant unfit or unsuited to engage in the occupation or profession applied for in accordance with § 54.1-204 of the Code of Virginia;
2. Has not committed any act involving dishonesty, fraud, misrepresentation, breach of fiduciary duty, negligence, or incompetence reasonably related to:
a. The proposed area of practice within 10 years prior to application for licensure, certification, or registration, or
b. The area of practice related to licensure, certification, or registration by the board while under the authority of the board.
3. Has not engaged in fraud or misrepresentation in connection with the application for licensure, certification, or registration, or related examination;
4. Has not had a license, certification or registration revoked or suspended for cause by this Commonwealth or by any other jurisdiction, or surrendered a license, certificate, or registration in lieu of disciplinary action; or
5. Has not practiced without the required license, registration, or certification in this Commonwealth or in another jurisdiction within the five years immediately preceding the filing of the application for licensure, certification, or registration by this Commonwealth.
"Good standing" means a current or active license, certificate, or registration issued by a regulatory body that is not revoked, suspended, or surrendered.
"Licensed" means an individual who holds a valid license issued by the board.
"Place of business" means any location that, through professionals, offers or provides the services of architecture, engineering, land surveying, landscape architecture, certified interior design, or any combination thereof. A temporary field office established and utilized for the duration of a specific project shall not qualify as a place of business under this chapter.
"Profession" means the practice of architecture, engineering, land surveying, landscape architecture, or certified interior design.
"Professional" means an architect, professional engineer, land surveyor, landscape architect, or interior designer who holds a valid license or certificate issued by the board pursuant to the provisions of this chapter and is in good standing with the board to practice his profession in this Commonwealth.
"Registrant" means a business holding a valid registration issued by the board, and in good standing, to offer or provide one or more of the professions regulated by the board.
"Regulant" means an architect, professional engineer, land surveyor, or landscape architect holding a valid license issued by the board; an interior designer holding a valid certification issued by the board; or a registrant.
"Resident" means physically present at the place of business a majority of its operating hours.
"Responsible person" means the professional named by the registrant to be responsible and have control of the registrant's regulated services offered, rendered, or both. A professional can only be the responsible person for the professions indicated on his license or certification.
"Surveyor photogrammetrist" means a person who by reason of specialized knowledge in the area of photogrammetry has been granted a license by the board to survey land in accordance with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia for the determination of topography, contours, or location of planimetric features using photogrammetric methods or similar remote sensing technology.
Historical Notes
Derived from VR130-01-2 § 1.1, eff. October 18, 1985; amended, Volume 04, Issue 08, eff. March 1, 1988; Volume 06, Issue 20, eff. September 1, 1990; Volume 07, Issue 14, eff. May 8, 1991; Volume 08, Issue 07, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 13, Issue 23, eff. October 1, 1997; Volume 16, Issue 03, eff. December 1, 1999; Volume 18, Issue 07, eff. March 1, 2002; Volume 23, Issue 01, eff. February 1, 2007; Volume 25, Issue 03, eff. December 1, 2008; Volume 26, Issue 04, eff. July 1, 2010; Volume 32, Issue 06, eff. January 1, 2016.