Section 35. Qualifications for compliance agents and designees

A. Every applicant for compliance agent or designee shall have the following qualifications:

1. Be at least 18 years old;

2. Have two years experience in the cemetery business and have successfully completed a board approved training course; and

3. Be a full time employee of the cemetery company or is a principal.

B. The applicant shall disclose any current or previous licenses/registrations from Virginia or in any other jurisdictions, and any disciplinary actions taken against those licenses/registrations. This includes, but is not limited to, any monetary penalties, fines or disciplinary actions taken by any federal, state or local regulatory agencies. The board, at its discretion, may deny approval of the compliance agent or designee based upon disciplinary actions by any jurisdiction.

C. The applicant shall disclose any conviction or finding of guilt, regardless of adjudication, in any jurisdiction of the United States of any misdemeanor involving moral turpitude or 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 purposes of this subsection. The record of conviction, finding or case decision shall be considered prima facie evidence of a conviction or finding of guilt. The board, at its discretion, may deny approval of the compliance agent or designee in accordance with § 54.1-204 of the Code of Virginia.

D. The applicant shall certify that he understands and will comply with all the laws of Virginia related to cemetery company licensure under the provisions of Chapter 23.1 (§ 54.1-2310 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

Historical Notes

Derived from Volume 23, Issue 21, eff. August 1, 2007.

Statutory Authority

§§ 54.1-201 and 54.1-2313 of the Code of Virginia.