Section 170. Prohibited acts

A. All complaints against certified natural gas automobile mechanics and technicians may be filed with the department at any time during business hours, pursuant to subdivision A 8 of § 54.1-201 of the Code of Virginia.

B. The following acts are prohibited:

1. Failing in any material way to comply with the provisions of Chapter 1 (§ 54.1-100 et seq.) or Chapter 23.4 (§ 54.1-2355 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the department;

2. Furnishing substantially inaccurate or incomplete information to the department in obtaining, renewing, reinstating, or maintaining a certification;

3. Negligence or incompetence in the practice of alternative fuel vehicle repair, conversion, or maintenance;

4. Misconduct in the practice of alternative fuel vehicle repair, conversion, or maintenance;

5. Failing to respond to an agent of the department or providing false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the department against the regulant or failing or refusing to claim certified mail sent to the regulant's address of record shall constitute a violation of this regulation;

6. Making any misrepresentation or making a false promise that might influence, persuade, or induce;

7. Assisting another to violate any provision of Chapter 1 (§ 54.1-100 et seq.) or Chapter 23.4 (§ 54.1-2355 et seq.) of Title 54.1 of the Code of Virginia or this chapter; or combining or conspiring with or acting as agent, partner, or associate for another to do so;

8. Allowing one's certification to be used by another;

9. After initial certification, being convicted or found guilty, regardless of adjudication in any jurisdiction, of any felony or of any misdemeanor, there being no appeal pending therefrom or the time of appeal having elapsed. Any plea of guilty or nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt;

10. Failing to inform the department in writing within 30 days that the regulant has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or of a misdemeanor; and

11. Failing to ensure that all work performed on natural gas fuel vehicles is consistent with the requirements set forth by the department, the U.S. Environmental Protection Agency, the California Air Resources Board, the National Fire Protection Agency 52: Vehicular Gaseous Fuel Systems Code, or other applicable authority as determined by the director.

Historical Notes

Derived from Volume 32, Issue 17, eff. July 1, 2016.

Statutory Authority

§§ 54.1-201 and 54.1-2356 of the Code of Virginia.