Section 76. Application  


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  • A. Application shall be made as follows:

    1. Individuals desiring to sit for the board's examination shall apply on forms made available by the board or by an examination vendor approved by the board.

    2. Individuals who have passed the board's examination shall apply for a license on forms made available by the board or by an examination vendor approved by the board.

    3. All applications shall be completed in accordance with the accompanying instructions and shall have all required documentation attached.

    4. The examination fee established in 18VAC160-20-102 shall accompany each examination application and the application fee established in 18VAC160-20-102 shall accompany each license application.

    B. The receipt of an application and the deposit of fees in no way indicates approval of an application.

    C. All fees shall be nonrefundable.

    D. Individual applicants shall be at least 18 years of age.

    E. Each applicant shall disclose his physical home address. A post office box shall not be accepted in lieu of a physical address.

    F. Each applicant for a license shall have passed the appropriate board-approved examination.

    G. Each applicant holding a license as a waterworks operator, wastewater works operator, onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer shall be in good standing in every jurisdiction where licensed; and the applicant shall not have had a license as a waterworks operator, wastewater works operator, onsite soil evaluator, onsite sewage system operator, or onsite sewage system installer that was suspended, revoked or surrendered in connection with a disciplinary action or that has been the subject of disciplinary action in any jurisdiction prior to applying for licensure in Virginia.

    H. Each applicant shall not have been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any misdemeanor involving lying, cheating, or stealing; of any misdemeanor directly related to the practice of a waterworks operator, a wastewater works operator, an onsite soil evaluator, an onsite sewage system operator, or an onsite sewage system installer; or of any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The record of conviction, 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. Review of prior criminal convictions shall be subject to the provisions of § 54.1-204 of the Code of Virginia.

    I. Applicants for licensure who do not meet the requirements set forth in subsections G and H of this section may be approved for licensure following consideration by the board in accordance with § 54.1-204 of the Code of Virginia.

    J. Examinations. A board-approved examination shall be administered by the board or by an examination vendor approved by the board.

    1. Each individual applying to sit for the examination shall satisfy the licensure requirements established by this chapter before being approved to sit for the examination. Individuals approved to sit for the examination shall be provided with written instructions for examination registration.

    2. Examinees will be given specific instructions as to the conduct of the examination at the examination site. Examinees shall follow these instructions during the course of the examination. Misconduct may result in removal from the examination site, voided examination scores, the denial of the application, or any combination of the foregoing.

    3. Upon submission of an application for reexamination and payment of the examination fee established in 18VAC160-20-102, an applicant who is unsuccessful in passing the examination shall be allowed to retake the examination an unlimited number of times within one year after the date that the application to sit for the examination was approved. If the one-year period elapses, then the applicant shall submit a new application to sit for the examination establishing that he meets the then-current requirements of this chapter and the examination fee established in 18VAC160-20-102.

    K. Any applicant relying on experience with VDH to meet the minimum requirements for licensure shall provide an endorsement from the applicant's direct supervisor at VDH stating that the applicant's job performance has been satisfactory.

    L. Licensure. Individuals who have passed the board-approved examination shall apply for licensure and shall satisfy the licensure requirements established in this chapter.

Historical Notes

Derived from Volume 17, Issue 09, eff. February 15, 2001; amended, Virginia Register Volume 22, Issue 26, eff. December 1, 2006; Volume 25, Issue 19, eff. July 1, 2009.

Statutory Authority

§§ 54.1-201 and 54.1-2301 of the Code of Virginia.